Uganda Case Law

Balintuma v Attorney General

Balintuma v Attorney General (Civil Appeal 65 of 2021) [2025] UGCA 49 (14 February 2025)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 65 of 2021

Judge

Cheborion-Barishaki, JA, Kazibwe, JA, Asa Mugenyi , JA/JCC

The Court of Appeal held that it lacked jurisdiction to entertain the appeal because neither the Constitution, the Judicature Act, nor the Judicial Service Commission (Complaints and Disciplinary) Proceedings Regulations provide for a right of appeal from a decision of the High Court sitting as a panel of three judges in disciplinary matters arising from the Judicial Service Commission. The appellate jurisdiction of the Court of Appeal is strictly statutory, and in the absence of an enabling provision, no appeal lies. The court relied on precedent and statutory interpretation to conclude that…

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• Judicial Service Commission Discipline
• Right Of Appeal
• Jurisdiction Of Court Of Appeal
• Fair Hearing Requirements

Scaffold Engineering & Construction Limited v Diamond Trust Bank Limited

Scaffold Engineering & Construction Limited v Diamond Trust Bank Limited (Civil Application 1016 of 2023) [2024] UGCA 270 (13 September 2024)

Court

Court of Appeal of Uganda

Case number

Civil Application 1016 of 2023

Judge

Kazibwe, JA

The Court of Appeal dismissed an application as incompetent after holding that the underlying appeal was a barred second appeal from a registrar’s interlocutory decision.

• Appeals From Interlocutory Orders
• Jurisdiction Of Court Of Appeal
• Right Of Appeal
• Temporary Injunctions
• Civil-procedure
• Appeals

Musabato v Uganda

Musabato v Uganda (Criminal Appeal No. 204 of 2019) [2022] UGCA 40 (21 February 2022)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 204 of 2019

Judge

Musoke, JA, Buteera, DCJ, Barishaki, JA

The Court found that the appellant, acting as a private prosecutor, did not obtain the required consent from the Director of Public Prosecutions before appealing against the acquittal, as mandated by Article 120 of the Constitution and established case law. Furthermore, the Court determined that there were no matters of law presented for its determination, and the absence of a memorandum of appeal further rendered the appeal incompetent. Consequently, the appeal was dismissed for lack of merit and procedural compliance.

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• Private Prosecution
• Consent Of Public Prosecutor
• Appeal Against Acquittal
• Jurisdiction Of Court Of Appeal

PTE Muhumuza Zepha V Uganda

PTE Muhumuza Zepha V Uganda (Criminal Appeal No. 031 of 2016) [2020] UGCA 39 (12 February 2020)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 031 of 2016

Judge

Kakuru, JA

The Court of Appeal lacks jurisdiction to hear appeals from the Court-Martial Appeal Court except where the sentence is death or life imprisonment, as prescribed by Regulation 20 of the Uganda People's Defence Forces (Court-Martial Appeal Court) Regulations. The Minister lacked authority to confer appellate jurisdiction on the Court of Appeal by regulation, as such power resides with Parliament. The relevant constitutional and statutory provisions only confer appellate jurisdiction over decisions of the High Court, and no law currently prescribes a right of appeal from the Court-Martial Appea…

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• Jurisdiction Of Court Of Appeal
• Military Court Jurisdiction
• Appeal Rights
• Impartiality Of Tribunal

Lubega v Kalemba and Another

Lubega v Kalemba and Another (Miscellaneous Application 40 of 2018) [2019] UGCA 2091 (18 April 2019)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application 40 of 2018

Judge

Owiny-Dollo, DCJ, Kakuru, JA, Madrama, JA

The Court of Appeal held that it lacks jurisdiction to review and set aside its own judgment in election petition appeals except in cases of clerical or arithmetical mistakes or accidental slips, as provided under the slip rule (Rule 36(1)) or where a judgment is proved null and void under its inherent powers (Rule 2(2)). The application was brought under inapplicable statutory provisions (Section 33 of the Judicature Act and Sections 82 and 98 of the Civil Procedure Act), which do not extend to the Court of Appeal. The errors alleged by the applicant were substantive errors of law and fact,…

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• Review Of Judgment
• Slip Rule
• Finality Of Decisions
• Jurisdiction Of Court Of Appeal

Byamugisha t/a J.B. Byamugisha Advocates v National Social Security Fund

Byamugisha t/a J.B. Byamugisha Advocates v National Social Security Fund (Civil Reference No.I9 of 2012) [2013] UGCA 2056 (13 February 2013)

Court

Court of Appeal of Uganda

Case number

Civil Reference No.I9 of 2012

Judge

Kasule, JA

The Court of Appeal does not have jurisdiction to tax advocate/client bills of costs; such jurisdiction is expressly vested in the High Court by section 80 of the Advocates Act and Rule 109(3) of the Court of Appeal Rules. The distinction between party-to-party and advocate/client bills of costs is justified by their differing nature and scope, with advocate/client bills often including items unrelated to court proceedings. The statutory scheme does not violate constitutional rights to equality, fair hearing, or adequate compensation, as the law provides mechanisms for advocates to seek addit…

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• Taxation Of Costs
• Advocate Client Bill
• Jurisdiction Of Court Of Appeal
• Constitutional Rights In Taxation
• Party To Party Costs

Seyani Brothers & Company Limited v Simbamanyo Estates Limited

Seyani Brothers & Company Limited v Simbamanyo Estates Limited (Civil Application No. 6 of 2009) [2009] UGCA 60 (10 September 2009)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 6 of 2009

Judge

Byamugisha, JA, Kitumba, JA, Nshimye, JA

The Court held that section 66 of the Civil Procedure Act provides a general right of appeal from orders of the High Court to the Court of Appeal unless expressly excluded by statute. Orders made by the High Court under statutes other than the Civil Procedure Act, such as the Arbitration and Conciliation Act, are appealable unless a specific statutory provision excludes such appeals. The authorities cited, including Makula International Ltd v Cardinal Nsubuga and another, Denis Bireije v Attorney General, and Pius Niwagaba v Law Development Centre, establish that the jurisdiction of the Court…

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• Appeal Rights
• Arbitration Award Challenge
• Jurisdiction Of Court Of Appeal
• Statutory Interpretation

Gatare v Parkash Kau and 2 Others

Gatare v Parkash Kau and 2 Others (Civil Appeal 41 of 1998) [1999] UGCA 44 (30 September 1999)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 41 of 1998

Judge

Okello, JA, Berko, JA, Kitumba, JA

The appeal was found incompetent due to the appellant's failure to serve the Notice of Appeal on the first and second respondents, as required by rule 77 of the Court of Appeal Rules. The obligation to serve rests on the appellant, and no evidence of service was provided. The Supreme Court precedents confirm that non-service renders an appeal incompetent. On the substantive issue, the Registrar of Titles acted within his powers under Sections 69 and 178(a) of the Registration of Titles Act to cancel the appellant's Certificate of Title, as the registration was tainted by admitted irregulariti…

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• Rectification Of Title Register
• Powers Of Registrar Of Titles
• Notice Of Appeal Service
• Jurisdiction Of Court Of Appeal

zziwa v Nabagesera

zziwa v Nabagesera (Civil Appeal 34 of 1996) [1997] UGCA 18 (5 February 1997)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 34 of 1996

Judge

Manyindo, DCJ, Engwau, J, Egonda-Ntende, J

The Court of Appeal held it lacked jurisdiction over an appeal from an interlocutory order in an election petition and dismissed the appeal.

• Appeals From Interlocutory Orders
• Jurisdiction Of Court Of Appeal
• Election Petition Procedure
• Election-petitions
• Interlocutory-appeals
• Appellate-jurisdiction

Bharaj and Another v Rex

Bharaj and Another v Rex (Criminal Appeals Nos. 124 and 125 of 1945) [1945] EACA 32 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 124 and 125 of 1945

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court of Appeal for Eastern Africa held that it had no power to grant leave to appeal to the Privy Council in a criminal matter, and dismissed the applications.

• Appeals To Privy Council
• Leave To Appeal
• Jurisdiction Of Court Of Appeal
• Criminal-appeals
• Leave-to-appeal
• Privy-council-appeals