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Uganda decisions
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Rujumba v Uganda (Criminal Appeal 710 of 2015) [2024] UGCA 321 (22 November 2024)
The Court of Appeal struck out a criminal appeal against sentence for being filed out of time and without leave, making it incompetent.
Namukasa v Namayanja & 4 Others (Civil Application 391 of 2024) [2024] UGCA 292 (11 October 2024)
The application for a temporary injunction is incompetent because the applicant did not seek the requisite leave to appeal against the decision dismissing the application for review. The right of appeal is statutory, and in the absence of leave, no valid Notice of Appeal exists to support the application. Without a competent appeal, the Court cannot entertain an application for injunction or stay of execution. The preliminary objections raised by the respondents are upheld, and the application is dismissed with costs.
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Kisekka v Rwabunyoro (Civil Application 1131 of 2023) [2024] UGCA 239 (3 May 2024)
The Court of Appeal dismissed an application for interim stay of execution, holding that the absence of a valid right of appeal and competent notice of appeal was fatal.
Safari Clothing (Uganda) Limited v Uganda Revenue Authority (Civil Appeal 12 of 2021) [2024] UGCommC 11 (30 January 2024)
The High Court dismissed a tax appeal because the notice of appeal failed to state questions of law, as required for appeals from the Tax Appeals Tribunal.
Serwadda v Nanteza (Civil Application 663 of 2022) [2023] UGCA 360 (27 April 2023)
The Court of Appeal struck out Norah Serwadda’s application for interim stay of execution because her motion did not state the required grounds and was therefore incompetent.
Kabale Municipal Council v Kabale Central Market Traders Association Limited (Miscellaneous Application 68 of 2020) [2023] UGHC 81 (28 February 2023)
The court held that while the applicant's notice of appeal did not fully comply with Rule 76 of the Judicature (Court of Appeal Rules) Directions, it is not the duty of the High Court to determine its competency; that is for the Court of Appeal. The court found that the applicant had demonstrated a serious threat of execution by the respondent and that the ends of justice would be served by granting a stay of execution. The court further held that it has discretion to hear a party in contempt, especially where the application seeks to challenge the very order that led to the contempt. The app…
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Mukwaya and 2 Others v Twaha Kizito and Another (Civil Application 63 of 2022) [2022] UGCA 329 (25 August 2022)
The court found that while the applicants had filed a substantive omnibus application for leave to appeal and stay of execution, and there was a demonstrated serious threat of execution, they failed to establish the existence of a competent notice of appeal. The notice of appeal was not endorsed by the Deputy Registrar, and in interlocutory matters, leave of court is required before a notice of appeal can be validly lodged. The absence of the Registrar's signature rendered the notice defective and incompetent. Since the existence of a competent notice of appeal is a mandatory condition for th…
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Esther Kiyingi v Departed Asians Property Custodian Board and Others (Civil Application No. 557 of 2022) [2022] UGCA 367 (24 May 2022)
The court found that the Notice of Appeal relied upon by the applicant was incompetent because it referenced a different suit number and parties than those in the substantive proceedings. The court held that compliance with the prescribed form and accurate identification of the proceedings appealed from are mandatory requirements for a valid Notice of Appeal. Without a competent Notice of Appeal, the substantive application for a temporary injunction could not stand. Furthermore, the court determined that there was no imminent threat of execution, as the declaratory judgment in favor of the 1…
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Kiviri Tumwehe v Mubiru (Election Petition Application No. 30 of 2022) [2022] UGCA 117 (21 March 2022)
The Court of Appeal of Uganda struck out a notice of appeal as withdrawn after finding no essential step had been taken to institute the appeal.
Uganda Electricity Distribution Company Limited v Okello and 41 Others (Civil Application No. 127 of 2021) [2022] UGCA 5 (20 January 2022)
The court found that the applicant had not fulfilled the mandatory requirements for grant of an interim stay of execution, as there was no valid Notice of Appeal pending before the court, the previous Notice having been struck off for being filed out of time. The court reiterated that both a substantive application for stay and a valid Notice of Appeal are prerequisites for interim relief. Furthermore, the court was not satisfied that there was a serious or imminent threat of execution, as no bill of costs had been filed and no decree had been extracted. The application was therefore found to…
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