Uganda Case Law

Rutaremwa Edward v Uganda

Rutaremwa Edward v Uganda (Miscellaneous Application 33 of 2025) [2025] UGHC 518 (14 July 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 33 of 2025

Judge

Allan Nshimye, J

The court found that the applicant, aged 64, qualifies as a person of advanced age, which constitutes an exceptional circumstance under Ugandan law for bail pending appeal. The applicant was sentenced to one year and six months imprisonment and compensation, and has already served over three months, creating a real risk of completing the sentence before the appeal is heard. The applicant exercised his right of appeal, presented substantial sureties, and did not abscond while on bail during trial. The Supreme Court precedent in Arvind Patel vs Uganda was upheld, allowing a combination of two o…

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• Bail Pending Appeal
• Exceptional Circumstances
• Advanced Age
• Right Of Appeal

Mohammed Ssebaggala and Another v Diamond Trust Bank Limited

Mohammed Ssebaggala and Another v Diamond Trust Bank Limited (Civil Application No. 724 of 2024) [2025] UGCA 218 (4 July 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 724 of 2024

Judge

Musa Ssekaana, JA/JCC

The Court of Appeal granted a stay of execution pending appeal, finding the applicants had shown arguable issues, prompt filing, and risk of substantial loss.

• Stay Of Execution
• Security For Due Performance
• Substantial Loss
• Right Of Appeal
• Loan Servicing Dispute
• Interest Calculation

Airtel Uganda Limited v Garfield Spence a.k.a. Konshens & Mtech Limited

Airtel Uganda Limited v Garfield Spence a.k.a. Konshens & Mtech Limited (Civil Application 458 of 2024) [2025] UGCA 217 (13 June 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application 458 of 2024

Judge

Kibeedi Mutangula, JA

The Court found that the application for stay of execution was properly before it, rejecting the respondents' preliminary objection based on res judicata. The applicant had first sought stay in the High Court, which granted only a partial stay with harsh conditions. The Court held that concurrent jurisdiction is not limited to outright refusals but extends to cases where the High Court's conditions are unconscionable or only partially successful. The applicant demonstrated vigilance by filing the notice and record of appeal, and the appeal raised triable issues regarding damages, interest, ex…

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• Stay Of Execution
• Copyright Infringement
• Assessment Of Damages
• Exemplary Damages
• Balance Of Convenience
• Right Of Appeal

Jigar G. Malavitas v Uganda

Jigar G. Malavitas v Uganda (Miscellaneous Application No. 12 of 2025) [2025] UGHC 411 (10 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 12 of 2025

Judge

Bukirwa, J

The High Court granted leave to file a notice of appeal out of time, finding sufficient cause where the applicant was unrepresented, uninformed of appeal rights, and delayed as a foreigner.

• Extension Of Time
• Right Of Appeal
• Criminal Conviction Appeal
• Procedural Fairness
• Extension-of-time
• Right-of-appeal

Botte v Dida

Botte v Dida (Civil Appeal 76 of 2024) [2025] UGHC 256 (5 May 2025)

Court

High Court of Uganda

Case number

Civil Appeal 76 of 2024

Judge

Lubega, J

The High Court struck out a civil appeal for want of leave, holding there was no automatic right of appeal from a conditional leave order under Order 36 rule 8.

• Summary Procedure
• Leave To Appear And Defend
• Right Of Appeal
• Conditional Leave
• Court Discretion
• Civil-procedure

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

Wabwire Namisano and Another v Imochu Namisano

Wabwire Namisano and Another v Imochu Namisano (Miscellaneous Application 10 of 2023) [2024] UGHCCD 186 (8 November 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 10 of 2023

Judge

Musa Ssekaana, J

The High Court held that the applicants did not have a right of appeal against the interlocutory ruling of the Registrar, as the Companies Act only provides for appeals against final determinations. The purported appeal was therefore incompetent and would be struck out on this ground alone. Additionally, the appeal was filed 78 days after the ruling, far outside the statutory period of 30 days prescribed by the Civil Procedure Act. The applicants failed to provide sufficient justification or evidence for the delay, and the court found their conduct dilatory and intended to delay the determina…

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• Right Of Appeal
• Interlocutory Orders
• Delay In Filing Appeal
• Company Disputes

Atuhairwe v Kabeizire

Atuhairwe v Kabeizire (Miscellaneous Application 49 of 2024) [2024] UGHC 1025 (30 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 49 of 2024

Judge

Wagona, J

The High Court in Fort Portal granted leave to appeal out of time, finding the delay stemmed from procedural missteps and prior unsuccessful attempts, and awarded costs to the respondent.

• Enlargement Of Time
• Appeals Out Of Time
• Procedural Irregularities
• Right Of Appeal
• Enlargement-of-time
• Appeals-out-of-time

Byarugaba v Uganda

Byarugaba v Uganda (Criminal Appeal 667 of 2014) [2024] UGCA 295 (15 October 2024)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal 667 of 2014

Judge

Kiryabwire, JA, Muzamiru, JA, Tibulya, J

The Court of Appeal set aside an aggravated defilement conviction after finding the missing trial judgment and sentencing record prejudiced the appellant’s appeal.

• Aggravated Defilement
• Incomplete Record Of Proceedings
• Right Of Appeal
• Miscarriage Of Justice
• Incomplete-record-of-proceedings
• Criminal-appeal

Kyobe v Nalweyiso and Another

Kyobe v Nalweyiso and Another (CIVIL APPEAL NO. 75 OF 2023) [2024] UGHC 1208 (26 September 2024)

Court

High Court of Uganda

Case number

CIVIL APPEAL NO. 75 OF 2023

Judge

Nabakooza, J

The appellant, having failed to file a written statement of defence in the lower court, did not submit to the jurisdiction of the trial court and was subject to a default judgment. Under Ugandan law, specifically Section 67(1) of the Civil Procedure Act and Order 9 rule 12 of the Civil Procedure Rules, a party in default who has not filed a defence cannot appeal an ex parte judgment. The proper remedy for such a party is to apply to set aside the ex parte judgment, not to lodge an appeal. The authorities cited confirm that the statutory right of appeal is only available to defendants who have…

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• Ex Parte Judgment
• Right Of Appeal
• Matrimonial Property
• Bonafide Purchaser
• Trespass To Land