Judicature (Supreme Court) Rules, 1972

These Rules may be cited as the Judicature (Supreme Court) Rules.

Applications and appeals must be assigned a serial number and registry series must be maintained for criminal, civil and constitutional matters each calendar year.

The registrar (or deputy registrar or registrar of the Court of Appeal, as appropriate) must immediately endorse any document lodged in the registry or Court of Appeal registry with the date and time it was lodged.

The registrar may permit lodging documents at the Court of Appeal registry; applications for that permission must be in writing; the registrar of the Court of Appeal must immediately send any such lodged document to the registry, at the applicant's expense except in a specified exception.

The registrar (or the registrar of the Court of Appeal) must not refuse documents lodged out of time; they must mark such documents "lodged out of time" and inform the person lodging them. If the Court of Appeal registrar accepts a document out of time, that registrar must inform the registrar.

This section sets formatting and production requirements for documents used in court and specifies copy numbers for different benches, and states that the registrar may direct other numbers of copies.

The registrar (or registrar of the Court of Appeal) may refuse documents not complying with rule 14; shall refuse documents tendered without required fees or, for civil appeals, without security for costs; persons dissatisfied may ask a judge to decide; applications may be made informally or in writing within seven days.

Allows documents to be signed on behalf of the person making them by persons entitled under rule 23; in criminal appeals, documents for appellants alleged to be of unsound mind may also be signed by their carer (including medical, police or prison officers).

When a person lodges an amended document they must show deletions by striking through in red and additions in red or underlined; a person with leave to amend may amend the document or lodge an amended version.

Rules on how documents required by these Rules are to be served or transmitted, including personal service, service on an advocate representing multiple parties, service via partner or clerk at an advocate's office, proof of service methods, acceptance of prison officer certification, and permitted methods of sending documents and giving notice (hand, registered post, telephone, telegram, fax).

A person who has given an address for service may change that address by lodging a notice in the registry and serving copies on all persons previously served.

Specifies that the practice and procedure for appeals to the court and the Court of Appeal are to follow these Rules, preserves the inherent power of the court and Court of Appeal to make orders to achieve justice and prevent abuse (including setting aside null and void judgments), and states that appeals from the constitutional court to the court will be heard as civil appeals under these Rules.

The Chief Justice must determine court sittings and the matters to be disposed of, and must advertise and notify them as the Chief Justice directs; however, the court may still dispose of business not advertised or notified.

The Chief Justice decides court vacations and arrangements, must advertise or notify them, and may allow business during vacations; certain urgent matters and specified proceedings are excepted.

Appeals and applications to the court shall be heard at Kampala.

Parties, corporations, persons under disability, and their representatives may appear in court in specified ways; the court may appoint, remove or replace guardians ad litem and a next friend or guardian may lodge consent to act in an appeal.

A party to an application or appeal must promptly notify the registrar of any change of advocate (including starting or stopping to act in person) and must serve a copy of that notice on the other party or parties.

The Chief Justice or presiding judge may assign an advocate in criminal matters when desirable in the interests of justice; in certain civil appeals the Chief Justice may assign an advocate for those lacking means (with consent) and may require the appellant or respondent to undertake to refund the advocate's fees from recoveries; the registrar may take action to enforce that undertaking.

Specifies who has the right of audience before the court: Attorney General and Solicitor General (with precedence), other government legal officers for duties-related proceedings, advocates entitled to practise before the High Court, excludes advocates struck off or suspended, and allows other licensed persons (with fee) limited rights for certain appeals.

Advocates must lodge and serve lists of reported cases and books with the registrar and, where relying on unreported judgments, must produce certified copies; supplementary lists may be produced but must be lodged at least forty-eight hours before hearing.

The court must follow a specified speaking order at hearings and must not decide certain matters without hearing the opposing party; it may dismiss or allow matters in specified circumstances.

Appeals must be heard in open court with public access subject to space and orderly conduct; the presiding judge may exclude the public in exceptional circumstances for national security or interests of justice.

This section provides definitions of terms used in these Rules (for example: advocate, appeal, appellant, court, registrar, respondent).

The Court of Appeal may decide legal or mixed questions but may not take additional evidence when reversing/affirming/varying High Court original-jurisdiction decisions; for appeals to the constitutional court the court may appraise evidence and may take additional evidence in petition appeals, and may decide questions in reference appeals.

The court may, within its jurisdiction and as justice requires, confirm, reverse or vary Court of Appeal decisions; order rehearings; order trial de novo in the court of first instance; and make necessary incidental or consequential orders, including as to costs.

Presiding judges may direct how judgments and orders are delivered; members of the court must give separate judgments in civil matters unless presiding judge directs otherwise; a dissenting judge need not sign the court's judgment; reserved written judgments or reasons may be delivered by any judge or the registrar.

Every decision of the court on an appeal or application must be embodied in an order, except decisions on applications made informally in the course of a hearing.

Sets who must prepare and approve court orders after civil or criminal decisions, who may draw up orders in criminal matters, how disputes about form or success are resolved, and that civil appeal orders are issued from the registry.

The court may correct clerical or arithmetical mistakes in judgments or errors from slips or omissions, and may correct orders that do not correspond with the judgment; corrections may be made on the court's own motion or on application by any interested person, at any time.

The registrar must send a sealed copy of the court order embodying decisions in any civil or criminal appeal to the registrar of the Court of Appeal; where the appeal comes from a court presided by a chief magistrate or magistrate grade I, the registrar must send a sealed copy of the final decision to the court of first or second instance.

Summonses, warrants, orders, notices and other formal court documents issued by the court must be signed by the judge or by the registrar.

Rules for computing time: exclude the starting day when a period is measured from an event; if the last day falls on a Sunday or public holiday (called “excluded days”) extend to the next non-excluded day; acts due on an excluded day are timely if done the next non-excluded day; excluded days are not counted where the period is not exceeding six days; and the Christmas vacation is not reckoned unless the court directs otherwise.

The court may extend prescribed time limits for doing acts under these Rules for sufficient reason, including before or after the time has expired or the act has been done.

An appeal does not by itself suspend sentences or stay execution, but the court may order bail or stays in criminal or civil appeals.

The registry of the court must be located at Kampala.

The Chief Justice may direct the hours when the registry and the Court of Appeal registry are open to receive documents lodged under these Rules.

The registrar must maintain separate registers for criminal applications, civil applications, criminal appeals, civil appeals, constitutional applications and constitutional appeals; the registers must show core case details and appeals registers must reference related applications.

In criminal matters where an appeal requires a Court of Appeal certificate of public or general importance, applications to the Court of Appeal should be made informally at the time the Court of Appeal decision is given; if not, a formal application by notice of motion may be lodged within fourteen days after the decision (costs at the Court's discretion). If the Court of Appeal refuses the certificate, an application for leave to appeal may be lodged by notice of motion within fourteen days after that refusal. Where an appeal lies with the leave of the Court of Appeal, an application by notice of motion may be made within a reasonable time after sentence; the Court of Appeal's decision on leave is final.

Sets procedures and time limits for applying for a certificate of importance or leave to appeal in civil matters: informal application at the time the Court of Appeal decision is given; if not made then a formal notice of motion within fourteen days; costs at the Court of Appeal's discretion; where refusal occurs further application to the court may be made within fourteen days.

An application for a certificate or leave may be made before or after notice of appeal; if an appellant in prison is unrepresented, the Court of Appeal must produce the appellant to make the application, ascertain whether to grant certificate or leave, or may adjourn to allow facts to be placed before the court.

If the court has not previously applied to the Court of Appeal, the court may nevertheless, in its discretion and on application or of its own motion, give leave to appeal, extend time, or entertain an application under rule 6(2)(b) to safeguard the right of appeal.

Applications to the court must generally be made by motion (which must state the grounds); a notice of motion must follow Form A and be signed by or on behalf of the applicant. Informal applications are allowed in hearings or by consent of all parties.

Formal court applications must be supported by one or more affidavits of the applicant or other persons with knowledge; applicants may, with a judge's leave or the other party's consent, lodge supplementary affidavits.

The court may consider and decide applications for leave to amend and may direct that informal applications be made formal.

An application to the court shall be lodged in the registry.

If an applicant wants the hearing during a vacation and is represented by an advocate, the application must be accompanied by a certificate of urgency signed by that advocate.

If an applicant is represented by an advocate in an urgent application, the advocate must sign a certificate of urgency.

Persons served with a notice of motion may lodge affidavits in reply and must as soon as practicable serve copies on the applicant; supplementary affidavits require a judge's leave or applicant's consent; an application for leave may be made informally.

Criminal applications abate on death (respondent if State-applicant; applicant otherwise). Civil applications do not abate on death, and the court must, on application by an interested person, substitute the deceased's legal representative as a party.

Most applications must be heard by a single judge, except certain listed applications; the judge may adjourn an application for determination by the court.

Applications to be heard by a single judge must be heard in court or in chambers as the judge directs; where made informally by letter with consent of all parties, the judge may dispense with parties' appearance. Other applications must be heard in court unless the Chief Justice or presiding judge directs otherwise.

At the hearing by three judges of an application previously decided by a single judge, no additional evidence shall be adduced except with the leave of the court.

If a party was absent when an application was dismissed or allowed, that party may apply to the court to restore or rehear the application; that application must be made within thirty days of the court's decision (subject to the exception for certain criminal matters).

A judge (or three judges) may vary or rescind an order made on an application heard by a single judge on application of any person affected, if the order extended time without a specific date or allowed an act without specifying the date and the applicant failed to show reasonable diligence; the court may also similarly vary or rescind an order made on an application to the court.

This Part of the Rules applies only to appeals from the Court of Appeal in criminal matters.

For offences punishable by death the registrar must prepare a notice of appeal with the appellant's advocate; the presiding judge must note that notice has been given and the registrar must register the date; advocates and appellants must follow signature and form requirements.

In noncapital offences the accused may give informal notice of appeal at the time of decision or must lodge a written notice within fourteen days; written notice must state briefly the conviction/sentence and contain an address for service.

When the Court of Appeal acquits or confirms an acquittal, the Director of Public Prosecutions may give notice of appeal (informally at the decision or in writing within fourteen days); if given in writing within fourteen days the Director must notify the court of the accused's address for service and the date of hearing; the accused must provide an address when notice is given informally.

If two or more appeals arise from the same trial (or two or more persons convicted whose appeals were consolidated), the appeals shall, unless the court orders otherwise, be consolidated and proceed as one appeal.

The registrar of the Court of Appeal must prepare and certify a record of appeal containing specified documents; preparation is generally 'as soon as practicable' after a notice is lodged, subject to timing rules (including six weeks for constitutional court appeals) and exceptions when notice is out of time or leave/certificate is required.

The registrar of the Court of Appeal must serve copies of the record of appeal on the appellant and respondent, send sufficient copies for bench members and the registrar, send the original trial record and original documentary exhibits (except bulky items) unless the registrar requests other exhibits, and ensure other exhibits are available for inspection at the hearing as far as practicable.

The appellant must lodge a memorandum of appeal with the registrar within fourteen days after service of the record of appeal; the registrar must serve a copy on the respondent; the memorandum must be signed; the court may dismiss or set down the appeal if no memorandum is lodged, and an appellant may apply to restore the appeal if sufficient cause is shown.

Appellants may lodge supplementary memoranda with the court's leave; an advocate assigned to represent an appellant may (within 14 days of notification and without leave) lodge or replace a memorandum on the appellant's behalf; any person lodging a supplementary memorandum must serve a copy on the respondent.

If an appellant (or, if the appellant is the State, a respondent) does not intend to appear, they may lodge a written statement of arguments with the registrar; such statements must be signed and lodged at or within fourteen days after lodging the memorandum of appeal; a person who has lodged a statement must not address the court at the hearing except with leave; on receipt the registrar must immediately send one copy to the other party.

If an appellant is in prison, they are treated as having complied with certain notice requirements if they give the required notice, memorandum or statement to the officer in charge of the prison; specified periods of time are excluded when computing lodging time; the prison officer must immediately endorse received notices or statements with the date and time.

An appellant may withdraw an appeal before hearing by written notice to the registrar; the registrar must immediately notify the respondent and the Court of Appeal; withdrawn appeals may be restored by leave of the court on application if fraud or mistake and interests of justice require it.

An appeal (except appeals against a fine or an order for costs, compensation or forfeiture) ends (abates) on the death of the appellant, or if the appellant is the State, on the death of the respondent.

The registrar must cause notice to be given to the appellant and the respondent of the time and place at which an appeal will be heard; a notice must be given not less than seven days before the hearing date unless the Chief Justice or presiding judge directs otherwise.

Appellants and respondents are entitled to be present at appeal hearings; imprisoned appellants (except certain categories) must pay transport expenses for themselves and escorts if they wish to attend; appellants on bail must attend or obey directions of the High Court where the bail bond was executed.

At an appeal hearing, the appellant must not argue grounds not specified in the memorandum of appeal or supplementary memorandum under rule 63 without leave of the court; arguments in a statement under rule 64 are treated as if advanced orally.

This Part applies only to appeals from the Court of Appeal in civil and constitutional matters.

To appeal, a person must give written notice lodged in duplicate with the Registrar of the Court of Appeal; the notice must generally be lodged within fourteen days, state whether the whole or part of the decision is appealed (and specify the part if partial), give the appellant's address for service and names/addresses of persons to be served, be substantially in Form D and be signed.

On receipt of a notice of appeal, the registrar of the Court of Appeal must immediately send one copy of it to the registrar.

An intended appellant must serve copies of the notice of appeal on all persons directly affected before or within seven days after lodging the notice; the court may direct that service need not be effected on a person who took no part in the High Court or Court of Appeal proceedings, on application (which may be ex parte).

A notice of appeal is not invalid merely because the required recipient was dead when the notice was lodged, and a copy of the notice must be served as soon as practicable on the deceased's legal representative.

Persons served with a notice of appeal must lodge and serve an address for service within 14 days, serve copies on others within a further 14 days, and the address notice must be substantially in Form E and signed.

When two or more parties appeal the same decision, the second and subsequent notices are treated as notices of address for service and the parties giving them become respondents; such a party is exempt from complying with rule 76 if they have served copies of their notice of appeal on all persons who would have to be served under that rule.

A person served with a notice of appeal may at any time apply to the court to strike out the notice or the appeal on specified grounds.

Procedures about instituting appeals and handling of copies: timelines for lodging appeals are stated; the registrar of the Court of Appeal must provide copies within ten days in constitutional appeals and may certify or must explain and certify time excluded from computing the appeal period when copies are requested or delayed; an appellant may rely on certified excluded time only if the copy application was written, served on the respondent, and proof of service is retained.

If a party who lodged a notice of appeal fails to institute the appeal within the prescribed time, that party is treated as having withdrawn the notice and (unless the court orders otherwise) must pay costs; persons served with the notice may still give notice of appeal within fourteen days after the date the previous party should have instituted the appeal.

If an appeal is started after a party has died, the court must, when an interested person applies, substitute the deceased's legal representative as a party.

A memorandum of appeal must set out, concisely and under distinct heads without argument or narrative, the numbered grounds of objection, specify the wrongly decided points and the order sought, be substantially in Form F of the First Schedule, and be signed by or on behalf of the appellant.

Lists what must be included in the record of appeal and who may direct inclusion or exclusion; requires each copy to be certified as correct by the appellant or a person entitled under rule 23.

The appellant must serve copies of the memorandum and record of appeal on specified parties, within timing set relative to lodging and as the court may direct.

When an appeal is instituted in the registry the registrar must obtain from the registrar of the Court of Appeal the original record of the proceedings of the relevant court of first instance and, as far as practicable, the exhibits; if the appeal arises from a preliminary stage in a constitutional petition the registrar must obtain the proceedings relevant to that stage and thereafter the full record if an appeal lies from the full decision.

A respondent or appellant may lodge a supplementary record of appeal in the registry and must serve copies on specified other parties as soon as practicable after lodging.

A respondent who wishes to contend that the Court of Appeal's decision should be varied or reversed must give notice specifying grounds and proposed order, state names and addresses of persons to be served, and lodge the notice in the registry within thirty days after service of the memorandum and record.

A respondent who wishes to argue that the Court of Appeal's decision should be affirmed on additional grounds must give notice specifying those grounds, stating names and addresses of persons to be served, and lodge the notice in the registry no more than thirty days after service of the memorandum and record of appeal.

A respondent who intends to cross-appeal or to argue the Court of Appeal's decision should be affirmed on different grounds must serve a copy of the notice on all persons directly affected before or within seven days after lodging the notice; the respondent must also serve copies on other original parties as the court may direct within the time the court prescribes.

An appellant may file a written notice to withdraw an appeal before hearing; the appellant must serve copies on respondents who complied with rule 76 within seven days; if all parties consent the appellant may lodge consent documents and the appeal is struck out; if not all consent the appeal is dismissed with costs unless the court orders otherwise.

Respondents who have given notice of cross-appeal may withdraw that notice within 14 days after service of the appellant's notice of withdrawal; respondents who have not lodged cross-appeals may give notice of appeal within 14 days after service of the appellant's notice of withdrawal even if the usual time limit has expired.

A respondent who has given notice of cross-appeal or notice of grounds for affirming the decision may withdraw that notice before the appeal is called for hearing by lodging a signed written notice in the registry; the respondent must then (before or as soon as practicable after) serve a copy on the appellant and any other respondents who were served.

If a party to an appeal dies, the court must add the deceased's legal representative as a party when requested or on its own motion.

Parties to an appeal who will not appear in person or by advocate may lodge written statements of their arguments in the registry and must serve copies to other parties within specified time limits; those who lodge such statements may not address the court at hearing except with leave.

The registrar must give all parties to an appeal at least fourteen days' notice of the date fixed for the hearing of the appeal.

If an appellant does not appear the court may dismiss the appeal and allow cross-appeal to proceed; parties prevented by sufficient cause may apply to restore or rehear within thirty days; a party who lodged a statement under rule 94 is taken to have appeared.

The court may, for sufficient reason, order two or more appeals to be consolidated, heard together or sequentially, or stayed until another appeal is determined.

Parties and respondents generally must not raise or argue grounds at the appeal hearing without the court's leave, except those specified in the memorandum of appeal or cross-appeal notice; and the court must give persons an opportunity to be heard before allowing new grounds.

Fees for lodging documents must be paid when the document is lodged; the registrar (or registrar of the Court of Appeal) may require advance payment or a deposit for other services and any such advance or deposit shall be refunded if the request is cancelled before the service is done.

The court may require a cross-appellant to lodge security for costs (specified as four hundred thousand shillings or less) and may direct further or past-costs security; the registrar may pay out lodged security with party consent or court decision.

The court may assess costs or direct that costs be taxed; decisions ordering payment (unless they assess the amount) operate as directions to have the costs taxed.

If the court finds costs were improperly incurred or wasted because of delay or advocate misconduct, it may require the advocate to show cause and may order the advocate to bear the costs personally.

Any agreement that makes an advocate's remuneration, or the amount of it, dependent on the result of court proceedings is void.

The registrar is required to be a taxing officer and has the power to tax party-and-party costs arising from applications or appeals to the court.

Persons dissatisfied with certain registrar decisions may require the matter to be referred to a judge; persons who consider a taxed bill of costs manifestly excessive or inadequate may require reference to a judge.

A judge of the Court of Appeal may grant relief in criminal appeal fee matters (including entertaining late applications, relying on registrar reports about means, and ordering extensions of time) where satisfied on the appellant's application under the rule.

If the Court of Appeal allows a criminal appeal, the court may, for sufficient reason, order that the appellant be refunded fees (or part of them) paid under these Rules.

The Court of Appeal may, if satisfied that an appellant lacks means and the appeal has reasonable possibility of success, order that the appeal be lodged without full payment of fees or security and may order the registrar to prepare the record with reduced or no payment; the registrar is entitled to be heard and may enforce undertakings; no fee is payable on lodging the application.

Fees listed in the Second Schedule are payable for the matters and services there, but the Government does not have to pay fees for any criminal application or appeal; copies of documents may be issued without fee or at a reduced fee as the Chief Justice directs.

These Rules apply to proceedings pending when they come into force; where it is impracticable to apply the Rules to existing practice, a judge or the registrar may give informal directions.