Uganda Case Law

Odeke & 2 Others v Uganda

Odeke & 2 Others v Uganda (Criminal Appeal 63 of 2019) [2025] UGSC 16 (11 April 2025)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 63 of 2019

Judge

Tibatemwa-Ekirikubinza, JSC, Elizabeth Musoke, JSC, Christopher Madrama Izama, JSC, Catherine Bamugemereire, JSC, Monica K. Mugenyi, JSC

The Supreme Court held that its jurisdiction in criminal appeals regarding sentence is strictly limited by Section 5(3) of the Judicature Act, which prohibits appeals based on severity of sentence. The appellants' challenge was found to be a disguised appeal against severity, not legality, of sentence. The Court found no illegality or inconsistency with judicial precedent in the sentences imposed. The appeal was therefore dismissed, and the sentences of 25 years' imprisonment for each appellant were upheld.

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• Murder
• Sentencing Appeals
• Jurisdiction Of Supreme Court
• Severity Of Sentence
• Legality Of Sentence

Adupa v Uganda

Adupa v Uganda (Criminal Appeal 81 of 2020) [2024] UGSC 42 (21 October 2024)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 81 of 2020

Judge

Tibatemwa-Ekirikubinza, JSC, Mike Chibita, JSC, Stephen Musota, JSC, Madrama , JSC, Catherine Bamugemereire, JSC

The Supreme Court held it lacked jurisdiction to hear an appeal challenging sentence severity, and dismissed Adupa Dickens’s appeal against a 31-year murder sentence.

• Murder Sentencing
• Severity Of Penalty
• Jurisdiction Of Supreme Court
• Criminal-sentencing
• Supreme-court-jurisdiction
• Sentence-severity

INCAFEX Limited v Rukikaire

INCAFEX Limited v Rukikaire (Civil Application 8 of 2023) [2023] UGSC 68 (17 November 2023)

Court

Supreme Court of Uganda

Case number

Civil Application 8 of 2023

Judge

Owiny-Dollo, CJ, Mike Chibita, JSC, Elizabeth Musoke, JSC, Stephen Musota, JSC, Madrama , JSC

The Supreme Court held that Civil Application No. 04 of 2021 had already been determined by Justice Chibita, JSC, who declined to grant the orders sought and advised parties to proceed with the audit as ordered in Civil Appeal No. 03 of 2015. There was no pending matter before the Supreme Court to be stayed, and any further proceedings regarding execution or consequential orders must be brought before the High Court, which retains jurisdiction over such matters following the Supreme Court's judgment. The application for stay of proceedings pending disposal of Constitutional Petition No. 06 of…

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• Stay Of Proceedings
• Company Winding Up
• Special Audit Orders
• Contempt Of Court
• Jurisdiction Of Supreme Court

Tatyama v Uganda

Tatyama v Uganda (Criminal Appeal 35 of 2018) [2022] UGSC 35 (17 March 2022)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 35 of 2018

Judge

Owiny-Dollo, CJ, Arach-Amoko, JSC, Tibatemwa-Ekirikubinza, JSC, Muhanguzi, JSC, Mike Chibita, JSC

The Supreme Court dismissed a second appeal against sentence, holding it had no jurisdiction to hear a challenge based on sentence severity under section 5(3).

• Aggravated Defilement
• Sentencing
• Remand Period
• Mitigating Factors
• Appeal On Sentence
• Jurisdiction Of Supreme Court

Uganda Taxi Operators & Drivers Association v Uganda Revenue Authority

Uganda Taxi Operators & Drivers Association v Uganda Revenue Authority (Civil Application 52 of 2021) [2022] UGSC 37 (17 March 2022)

Court

Supreme Court of Uganda

Case number

Civil Application 52 of 2021

Judge

Mike Chibita, JSC

The Supreme Court dismissed UTODA’s application to extend time to appeal, holding it lacked jurisdiction because the underlying Court of Appeal decision had already been upheld by the Supreme Court.

• Extension Of Time
• Vat Refund Dispute
• Compound Interest Award
• Jurisdiction Of Supreme Court
• Illegality In Judgment
• Extension-of-time

Attorney General & Another & Basalirwa & 5 Others v Kwizera

Attorney General & Another & Basalirwa & 5 Others v Kwizera (Constitutional Appeal 2 of 2020; Constitutional Appeal 3 of 2020) [2022] UGSC 3 (6 January 2022)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 2 of 2020 ; Constitutional Appeal 3 of 2020

Judge

Kisaakye, JSC, Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the creation of new constituencies by Parliament does not automatically create vacancies in Parliament requiring elections. The process for validly creating constituencies requires both prescription by Parliament and subsequent demarcation by the Electoral Commission, which was not completed in this case. No evidence was presented that the Clerk to Parliament notified the Electoral Commission of any vacancies, nor that lawful vacancies existed under Article 83. Therefore, the elections held in the impugned constituencies were premature, null and void. The right to…

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• Parliamentary Constituencies Creation
• Electoral Processes
• Right To Fair Hearing
• Costs Award
• Jurisdiction Of Supreme Court

Ayena Odongo v Attorney General

Ayena Odongo v Attorney General (Constitutional Petition No. 38 of 2017) [2021] UGCC 30 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 38 of 2017

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The Constitutional Court held that Section 14 of the Parliamentary Elections (Amendment) Act, 2010, which makes the Court of Appeal the final appellate court in parliamentary election petitions, is not inconsistent with Article 132(1) of the Constitution. The Supreme Court precedent in Baku Raphael Obudra and Obiga Kania v Attorney General is binding and establishes that appellate jurisdiction to the Supreme Court in election petitions must be prescribed by law, and Parliament has validly limited such appeals. The statutory six-month time limit for determination of election petition appeals b…

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• Jurisdiction Of Supreme Court
• Parliamentary Election Petitions
• Statutory Time Limits
• Fair Hearing Rights
• Separation Of Powers

Kyagulanyi v Museveni & 2 Others

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 1 of 2021) [2021] UGSC 64 (18 March 2021)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 1 of 2021

Judge

Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the Constitution and the Presidential Elections Act prescribe strict timelines for filing and determining presidential election petitions, and do not provide for amendment of pleadings after filing. Rule 15 of the Presidential Elections (Election Petitions) Rules only permits application of the Civil Procedure Act and Rules to the trial, not to amendment of pleadings. The proposed amendment sought to introduce new causes of action and grounds, which would amount to filing a fresh petition outside the constitutional timeframe. The applicant's circumstances, includin…

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• Presidential Election Petitions
• Amendment Of Pleadings
• Election Timelines
• Jurisdiction Of Supreme Court
• Applicability Of Civil Procedure Rules

Magombe v Uganda

Magombe v Uganda (Criminal Reference 13 of 2020) [2021] UGSC 70 (10 February 2021)

Court

Supreme Court of Uganda

Case number

Criminal Reference 13 of 2020

Judge

Arach-Amoko, JSC, Opio-Aweri, JSC, Muhanguzi, JSC

The Supreme Court held that while the 1995 Constitution does not expressly provide for the right to apply for bail pending appeal, it does not prohibit it either. Rule 6(2) of the Supreme Court Rules, enacted under the Judicature Act pursuant to constitutional authority, provides for such applications and is not inconsistent with the Constitution. The right to apply for bail pending appeal exists, but its grant is discretionary and subject to demonstration of exceptional and unusual circumstances, which the applicant failed to establish. The applicant did not plead or prove any exceptional ci…

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• Bail Pending Appeal
• Constitutional Interpretation
• Jurisdiction Of Supreme Court
• Exceptional Circumstances
• Presumption Of Innocence
• Discretionary Powers

Ruparelia v Crane Bank Limited (In Receivership) & Another

Ruparelia v Crane Bank Limited (In Receivership) & Another (Civil Miscellaneous Application 40 of 2020) [2020] UGSC 59 (22 December 2020)

Court

Supreme Court of Uganda

Case number

Civil Miscellaneous Application 40 of 2020

Judge

Mike Chibita, JSC

The Supreme Court dismissed Sudhir Ruparelia’s interim injunction application, holding that he was not the appellant and the court lacked jurisdiction under its rules.

• Interim Injunctions
• Stay Of Execution
• Jurisdiction Of Supreme Court
• Financial Institutions Regulation
• Receivership And Liquidation
• Interim-injunctions