Uganda Case Law

Ayieyo and Another v Attorney General of the Republic of Kenya and Another (Application No.1 of 2024)

Ayieyo and Another v Attorney General of the Republic of Kenya and Another (Application No.1 of 2024) [2025] EACJ 5 (3 March 2025) (Appellate Division)

Court

East African Court of Justice

Case number

Application No.1 of 2024

Judge

Barishaki JA, Kayobera JP, Makungu JA, M'lnoti JA, Mugeni VP

The Court found that while the Applicants identified procedural irregularities in the filing and amendment of the Record of Appeal, the Respondents provided sufficient explanation for the delay and demonstrated that the omissions did not affect the substance of the appeal or prejudice the Applicants. The Court distinguished the cited authority on affidavits by counsel, holding that the affidavit in question was proper as it related to matters within the deponent's knowledge and did not risk cross-examination. The Court exercised its discretion under Rule 4 to save the appeal in the interest o…

Source excerpt

• Appeal Striking Out
• Record Of Appeal
• Procedural Irregularities
• Amendment Of Pleadings

Munabi v Asimwe

Munabi v Asimwe (Civil Appeal 39 of 2021) [2024] UGHC 738 (19 March 2024)

Court

High Court of Uganda

Case number

Civil Appeal 39 of 2021

Judge

Nabisinde, J

The High Court dismissed a civil appeal for want of a complete and certified lower-court record, holding that the appeal was not properly before the court.

• Appeal Dismissal
• Record Of Appeal
• Evaluation Of Evidence
• Civil-appeal
• Record-of-appeal
• Appeal-dismissal

Rugo Farm Company v Attorney General of the Republic of Burundi (Application No. 14 of 2022)

Rugo Farm Company v Attorney General of the Republic of Burundi (Application No. 14 of 2022) [2023] EACJ 13 (23 November 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Application No. 14 of 2022

Judge

Barishaki JA, Mjasiri VP, M'lnoti JA

The EACJ Appellate Division struck out Appeal No. 7 of 2022 as incompetent because the Record of Appeal omitted the Notice of Appeal, a mandatory jurisdictional step.

• Appeal Procedure
• Notice Of Appeal
• Record Of Appeal
• Service Of Process
• Jurisdictional Prerequisites
• Appeal-procedure

Komol v Hon. Lokeris Samson

Komol v Hon. Lokeris Samson (Election Petition Application 21 of 2022) [2022] UGCA 338 (6 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Application 21 of 2022

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Monica K. Mugenyi, JA

The Court of Appeal of Uganda dismissed an application to strike out an election appeal, holding that the memorandum and record of appeal were filed in time and no valid service objection was shown.

• Filing Timelines
• Record Of Appeal
• Service Of Process
• Address For Service
• Striking Out Appeal
• Election-petitions

Kajara Vs Mugisha

Kajara Vs Mugisha (Civil Misc Appeal No. 58 of 2016) [2017] UGCA 122 (21 December 2017)

Court

Court of Appeal of Uganda

Case number

Civil Misc Appeal No. 58 of 2016

Judge

Owiny-Dollo, DCJ, Kavuma, JA, Cheborion-Barishaki, JA

The Court of Appeal struck out an election petition appeal for failure to serve the notice of appeal in time and for other procedural non-compliance.

• Election Petition Appeals
• Service Of Process
• Extension Of Time
• Record Of Appeal
• Procedural Compliance
• Election-petition-appeals

Spenser George William v Abbas Agaba and Another

Spenser George William v Abbas Agaba and Another (Election Petition Application 4 of 2017) [2017] UGCA 138 (5 May 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Application 4 of 2017

Judge

Barishaki-Cheborion, JA

The Court of Appeal granted an extension of time to lodge a record of appeal in an election petition matter, finding sufficient cause from delay in court records and lead counsel’s death.

• Extension Of Time
• Record Of Appeal
• Affidavit Defects
• Sufficient Cause
• Court Discretion
• Extension-of-time

Charles Mayambala v Uganda Commercial Bank

Charles Mayambala v Uganda Commercial Bank (Civil Appeal No. 4/98) [1998] UGCA 59 (26 October 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 4/98

Judge

Okello, JA, Berko, JA, Engwau, JA

The Court of Appeal struck off the appeal after the appellant disowned the filed record of appeal and did not file a replacement, leaving no valid appeal pending.

• Record Of Appeal
• Dismissal Of Appeal
• Costs Orders
• Record-of-appeal
• Appeal-struck-off
• Civil-procedure

Banco Arabe Espanal v Bank Of Uganda

Banco Arabe Espanal v Bank Of Uganda (Civil Application 42 of 98) [1998] UGCA 42 (14 September 1998)

Court

Court of Appeal of Uganda

Case number

Civil Application 42 of 98

Judge

Mpagi-Bahigeine, JA, Berko, JA, Kitumba, JA

The Court found that the notice of appeal was filed within the prescribed fourteen days and that, when Rule 103(1) is read together with Rule 75(2) of the Court of Appeal Rules, payment of fees within the fourteen-day period is sufficient for proper filing. The Court agreed that the order was not properly extracted but held that, under Rule 86(1)(g) of the Court of Appeal Rules and recent case law, extraction of a formal decree or order is no longer a legal requirement for instituting an appeal. The Court emphasized that appeals are against judgments or reasoned orders, not the extracted decr…

Source excerpt

• Notice Of Appeal
• Record Of Appeal
• Extraction Of Orders
• Filing Fees
• Technicalities In Appeal
• Reinstatement Of Suit

Kibuuka Musoke William and Another vs Dr. Apollo Kaggwa

Kibuuka Musoke William and Another vs Dr. Apollo Kaggwa (Civil Appeal No 46 of 1997) [1998] UGCA 5 (22 March 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No 46 of 1997

The Court of Appeal held that an extracted decree was not required to institute this appeal, and it dismissed the respondent’s preliminary objection with costs.

• Appeal Requirements
• Record Of Appeal
• Decree Vs Judgment
• Court Of Appeal Rules
• Civil-procedure
• Appeals

Executrix of the Estate of the Late Tebajjukira andd Another v stanazi neol

Executrix of the Estate of the Late Tebajjukira andd Another v stanazi neol (Civil Application 8 of 1988) [1988] UGSC 5 (4 November 1988)

Court

Supreme Court of Uganda

Case number

Civil Application 8 of 1988

Judge

Odoki, JSC

The Supreme Court of Uganda granted time extension to file an appeal, holding the applicants were not responsible for the decree and record defects.

• Extension Of Time
• Appeal Lodging Requirements
• Decree Extraction
• Record Of Appeal
• Judicial Discretion
• Mistake Of Counsel