Uganda Case Law

Bithum v Adonge

Bithum v Adonge (Civil Appeal No. 260 of 2019) [2023] UGCA 83 (3 March 2023)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 260 of 2019

Judge

Musota, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal held that there is no legal requirement under Order 43 Rule 10 of the Civil Procedure Rules for the High Court to determine an appeal only on a typed and certified record of proceedings. The first appellate judge acted within the law by relying on the original manuscript from the trial court, especially given the difficulties in obtaining certified records from remote areas. The appellant did not challenge the authenticity or accuracy of the original record, only its lack of certification. Therefore, the ground alleging a mistrial due to absence of a certified record fails…

Source excerpt

• Appeal Record Requirements
• Customary Land Ownership
• Res Judicata
• Jurisdiction Of Local Council Courts

Kibuuka and Another v Dr. Kaggwa

Kibuuka and Another v Dr. Kaggwa (Civil Appeal 46 of 1997) [1998] UGCA 43 (23 March 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 46 of 1997

Judge

Berko, JA, Engwau, JA, Twinomujuni, JA

The Court of Appeal held that an extracted decree was not required to institute the appeal, rejected the preliminary objection, and awarded costs to the appellants.

• Appeal Record Requirements
• Decree Extraction
• Technicalities In Appeal
• Court Of Appeal Rules
• Appeal-record-requirements
• Decree-extraction