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Uganda decisions
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Tinkamanyire v Kihika & Another (Civil Application 34 of 2020) [2025] UGCA 84 (24 March 2025)
The Court of Appeal dismissed an application for a certificate of importance, finding the proposed third appeal raised no matter of great public or general importance.
Muhumuza v Uganda (Criminal Reference 22 of 2021) [2021] UGSC 37 (6 May 2021)
The Supreme Court held that the applicant's intended appeal was a third appeal emanating from a Magistrate Grade One, as defined by Section 5(5) of the Judicature Act. For such third appeals, a certificate of great public importance from the Court of Appeal or leave from the Supreme Court is mandatory before a valid appeal can be said to exist. The mere filing of a Notice of Appeal does not suffice to institute a competent third appeal. Consequently, the application for bail pending appeal was incompetent in the absence of the required certificate or leave, and the single judge's dismissal of…
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Muhumuza v Uganda (Miscellaneous Application 1 of 2021) [2021] UGSC 38 (18 February 2021)
The Supreme Court held that the application for bail pending appeal is incompetent as there is no valid appeal before the court. For a third appeal from a Magistrate Grade 1 or Chief Magistrate, the law requires a certificate from the Court of Appeal that the matter raises a question of law of great public or general importance, or leave from the Supreme Court. The applicant had only filed a Notice of Appeal and had not obtained the requisite certificate or leave, rendering the appeal invalid and the application for bail unsustainable. The court emphasized that bail pending appeal can only be…
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