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Uganda decisions
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Kiriba & 2 Others v Uganda (Criminal Miscellaneous Application 22 of 2024) [2024] UGHC 789 (30 August 2024)
The High Court at Mukono granted the applicants bail pending appeal after conviction, finding fixed residences, substantial sureties, and risk of the appeal becoming nugatory.
Kubiita v Uganda (Criminal Miscellaneous Application 70 of 2023) [2023] UGHCCRD 175 (13 July 2023)
The High Court dismissed an application for bail pending appeal, holding that the convicted applicant had not shown exceptional or compelling circumstances to justify release.
Kubiita v Uganda (Criminal Miscellaneous Application 70 of 2023) [2023] UGHCCRD 165 (13 July 2023)
The High Court dismissed an application for bail pending appeal, finding no exceptional circumstances to justify release after conviction.
Kisoke and Another v Katalihwa (Miscellaneous Application No. 118 of 2022) [2023] UGHCCD 103 (17 April 2023)
The High Court dismissed an application to adduce additional evidence on appeal, finding most documents were already known at trial and the rest departed from the pleaded case.
Kiwanuka v Micro Finance Centre Limited and Another (Civil Appeal 159 of 2014) [2023] UGCA 355 (14 April 2023)
The Court of Appeal found that the appellant was legally married to the 2nd respondent and had locus standi to challenge the mortgage. The property in question was established as the matrimonial home, and the mortgage was executed without the appellant's spousal consent, in violation of Section 39 of the Land Act and relevant provisions of the Mortgage Act. The trial court's reliance on discretion under Section 36 of the Mortgage Act to avoid nullifying the mortgage was held to be a misdirection, as such discretion cannot override mandatory statutory requirements or sanction illegality. The a…
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Attorney General v Byaruhanga and 2499 Others (Civil Application No. 239 of 2021) [2022] UGCA 231 (16 September 2022)
The Court of Appeal held that the applicant failed to satisfy the strict criteria for admission of additional evidence on appeal. The evidence was not new or unavailable at trial despite due diligence, as the applicant was aware of the need for a Government Valuer's report and was granted several adjournments to produce it but failed to do so. The intended evidence was not attached to the application, undermining its credibility and preventing the court from assessing its probative value. Furthermore, the evidence would not have materially influenced the outcome, as the core issue was the res…
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Uganda Electricity Distribution Company Limited v Levy Okello and 41 others (Civil Reference 45 of 2011) [2021] UGCA 11 (31 March 2021)
The Court of Appeal dismissed a reference seeking more time to appeal, holding that non-service of a judgment notice was not sufficient reason on these facts.
Mujasi Vs Magombe & Anor (Election Petition Appeal No. 0027 of 2017) [2017] UGCA 24 (29 August 2017)
The Court found that the applicant failed to satisfy the threshold for admission of additional evidence on appeal. The evidence sought was not new, was available at trial, and was not pleaded as an issue in the lower court. The applicant attempted to introduce the DR Forms for seven polling stations by annexing them to final submissions, which was procedurally irregular and prejudicial to the respondents. The trial judge correctly excluded the evidence as it was outside the scope of the pleadings and not in contention at trial. The principles governing admission of additional evidence require…
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Walanyira Vs Kavuya & 2 Ors (Miscellaneous Application. No. 213 of 2015) [2016] UGCA 51 (7 April 2016)
The application for admission of additional evidence raises critical issues central to the pending appeal, including allegations of fraud supported by newly discovered expert reports. While Rule 30 of the Court of Appeal Rules empowers the court to admit additional evidence for sufficient reason, the exercise of this discretion is significant and should be undertaken by the full bench hearing the substantive appeal, not a single Justice. The applicant's evidence was not available at trial and is potentially material to the outcome. However, the determination of admissibility and its impact re…
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Kachra Investiment Company Ltd Vs Mbale Municipal Council & 2 Ors (Misc. Application .No. 109 of 2015) [2015] UGCA 76 (28 October 2015)
The Court found that the applicant had demonstrated the special conditions required for admission of additional evidence on appeal. The evidence sought—a newspaper article and a letter from the Commissioner Land Registration—was not available at the time of trial despite the applicant's efforts to obtain it. The evidence is relevant to the identity and legal status of the disputed land, appears credible, and would probably influence the outcome of the appeal. The application was filed without undue delay, and the attached evidence was properly presented. The Court exercised its discretion und…
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