Uganda Case Law

Lt. Moro and Another v Uganda

Lt. Moro and Another v Uganda (Criminal Appeal No. 370 of 2017) [2023] UGCA 32 (30 January 2023)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 370 of 2017

Judge

Musoke, JA, Gashirabake, JA, Luswata, JA

The Court of Appeal lacks jurisdiction to entertain appeals from the Court Martial Appeal Court except where the conviction involves a sentence of death or life imprisonment. The statutory framework, specifically Regulation 20 of the Uganda People's Defence Forces (Court Martial Appeal Court) Regulations, makes decisions of the Court Martial Appeal Court final, with only a narrow exception for death or life imprisonment sentences. The appellants were sentenced to 15 years imprisonment, which does not fall within the exception. Jurisdiction is fundamental and cannot be conferred by consent or…

Source excerpt

• Jurisdiction Of Appellate Courts
• Finality Of Court Martial Appeal Decisions
• Statutory Right Of Appeal

Hon. Ssewanyana and Another v Uganda

Hon. Ssewanyana and Another v Uganda (Criminal Appeal No. 294 of 2021) [2022] UGCA 181 (29 June 2022)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 294 of 2021

Judge

Cheborion, JA, Madrama, JA, Luswata, JA

The Court of Appeal lacks jurisdiction to entertain appeals from High Court decisions declining bail in criminal matters because the right of appeal is strictly statutory. Section 132 of the Trial on Indictment Act restricts appeals to those arising from conviction, sentence, or acquittal, and section 133 only allows appeals from special findings related to insanity or diminished responsibility. The refusal of bail is not expressly made appealable by any statute. Section 16 of the Human Rights (Enforcement) Act, 2019 does not apply to ordinary bail applications unless there is an allegation o…

Source excerpt

• Bail Application
• Appellate Jurisdiction
• Interlocutory Orders
• Statutory Right Of Appeal

Electoral Commission v Serebe Kagoro

Electoral Commission v Serebe Kagoro (Election Petition Appeal No. 5 of 2020) [2021] UGCA 17 (15 February 2021)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 5 of 2020

Judge

Musota, JA, Kibeedi Mutangula, JA, Bamugemereire, JA

The Court of Appeal allowed the Electoral Commission’s second appeal, holding the election petition incompetent for lack of statutory compliance and reinstating the trial court’s dismissal.

• Locus Standi In Election Petitions
• Procedural Requirements For Election Petitions
• Statutory Right Of Appeal
• Gazettement Of Election Results
• Judicial Review Of Electoral Decisions
• Election-petitions