ISLAMIC UNIVERSITY IN UGANDA

CIVIL PROCEDURE AND PRACTICE 2

GROUP COURSEWORK

NAME REG NO

MUTESITESI SSALI SAMEX 221-053011-21536

NAMANYA DESIRE

MALAALA ALI

MAKUMBI ABUBAKERI

NATASHA GRACE

NATUKUNDA SHEILLAH 221-053012-22772

NTEGE ISMAIL

KAYIGA MUSA
Using legal authorities, critically analyze the jurisdiction of Courts of judicature in Uganda
inclusive of Subordinate Courts with specific emphasis on territorial jurisdiction of High
Court in Uganda and exceptions.

According to the case of Mukasa v Muwanga1, Jurisdiction refers to the authority of Court
to administer justice in reference to the subject matter both local and pecuniary limits.
Section 52, is to the effect that any Court shall subject to the provisions here in contained
have jurisdiction to try all suits of a civil nature excepting suits of which its cognizance is
either expressly or impliedly barred. Article 1293 establishes the Courts of judicature to
include; Supreme Court, Court of Appeal, High Court, and such subordinate Courts as
parliament my by law establish. Here under we discuss the jurisdiction of the above courts
in civil matters;

SUPREME COURT

The Supreme Court is established under Article 1324, which states that it shall be the final
Court of appeal and such appeals shall lie to it from such decisions of the Court of Appeal.
The Supreme Court also has original jurisdiction in election petition matters challenging a
presidential election. Article 1045 is to the effect that any aggrieved candidate may petition
the Supreme Court for an order that a candidate declared by the Electoral commission
elected as president was not validly elected.

According to Article 131(1)6, the Supreme Court is constituted at any sitting by such un even
number of Justices not being less than 5 members of the Court while hearing any civil
matter, while hearing an appeal from the Constitutional Court it shall consist of a full bench
of 7 Justices, Article 131 (3) 7is to the effect that the Chief Justice shall [reside each sitting of
the Court and in his/her absence the most senior member of the Court presides.

In the case of Erias Lukwago Lord Mayor KCCA v AG and KCCA8, it was held that the
Supreme Court has no jurisdiction to entertain an appeal from a decision of a single justice
of an appeal given the express provision of section 129. It was further stated that a decision
or order of a single judge of the Court of Appeal is not appealable to the Supreme Court
because of section 12(2)10 and that the appropriate action the applicant can take is to refer
the matter to a bench of three judges of the Court of Appeal for review.

COURT OF APPEAL
1
HCMA 31(1994)
2
Civil Procedure Act
3
1995 Constitution of Uganda
4
1995 Constitution of Uganda
5
ibid
6
1995 Constitution
7
1995 Constitution
8
Supreme Court Civil Application NO 06/2014
9
Judicature Act
10
ibid
The Court of Appeal of Uganda is the second-highest court in the country’s judicial
hierarchy, positioned above the High Court and below the Supreme Court. It was
established under Article 134 of the 1995 Constitution and primarily serves as an
intermediate appellate court. It plays a crucial role in reviewing decisions made by the High
Court to ensure justice is properly administered. Additionally, under Article 137, the Court
of Appeal also functions as the Constitutional Court of Uganda, making it responsible for
interpreting the Constitution and resolving constitutional disputes.

As an appellate court, it does not conduct fresh trials but reviews lower court decisions
based on matters of law, fact, or both. Its decisions are binding on all subordinate courts,
ensuring uniformity and consistency in legal interpretations.

By acting as both an appellate and constitutional court, the Court of Appeal serves a dual
function in Uganda’s legal system that is; it ensures justice is served in appellate cases while
also safeguarding the supremacy of the Constitution through its constitutional jurisdiction.

Composition and Structure:

The Court of Appeal is headed by the Deputy Chief Justice, who oversees its operations, and
a panel of Justices of Appeal whose number is determined by Parliament of Uganda.
Currently there are at least 15 justices of the court of appeal. Cases are usually heard by an
odd number of judges, typically three or five, depending on the complexity of the case. If a
party is dissatisfied with its decision, they may appeal to the Supreme Court, but only on
points of law of great importance or in cases involving constitutional interpretation. In the
case of Attorney General v. Tinyefuza, Constitutional Appeal No. 1 of 1997, the court
emphasized the independent role of the Court of Appeal and clarified that it functions as
both an appellate and constitutional court.

Jurisdiction:

The Court of Appeal has both appellate and constitutional jurisdiction.

a) Appellate Jurisdiction:

The court of appeal hears appeals from the High Court of Uganda in civil, criminal, and
constitutional matters. However it does not conduct trials but reviews decisions for errors of
law or fact.

In the case of Banco Arabe Espanol v. Bank of Uganda, Civil Appeal No. 8 of 1998, the court
reiterated that appellate courts should only interfere with lower court decisions if there is a
clear misdirection or miscarriage of justice.
b) Constitutional Jurisdiction:

The court of appeal functions as the Constitutional Court of Uganda under Article 137 of the
Constitution. It interprets the Constitution and resolves disputes on constitutional matters.
In the case of Uganda Law Society v. Attorney General, Constitutional Petition No. 2 of
2002, the Court of Appeal sitting as a Constitutional Court ruled that the extension of the
tenure of Parliament without an election was unconstitutional.

Procedure of the Court of Appeal:

The Court of Appeal follows structured procedures to ensure fairness, due process, and
efficiency. In the case of Baku Raphael Obudra & Another v. Attorney General,
Constitutional Appeal No. 1 of 2003, the court ruled that proper procedure must be
followed in all election petitions, emphasizing due process in appellate procedures.

The process can be divided into several key stages:

1. Filing an Appeal

A party dissatisfied with a High Court decision can initiate an appeal by filing a Notice of
Appeal within 14 days after judgment is delivered. This notice must be:

• Filed in the Court of Appeal

• Served to the opposing party

• Accompanied by a request for certified records from the High Court

In the case of Banco Arabe Espanol v. Bank of Uganda11, The court held that an appeal is
only valid if the Notice of Appeal is filed within the stipulated time.

2. Preparation and Submission of Appeal Documents

The appellant must file:

• A memorandum of appeal outlining legal and factual errors in the High Court
decision.

• A record of appeal containing pleadings, evidence, and judgment from the

• Written submissions such as arguments explaining why the High Court

Failure to comply with these procedural requirements may result in the appeal being
dismissed. In the case of Baku Raphael Obudra & Another v Attorney General12, the court
11
Civil Appeal No. 8 of 1998
12
Constitutional Appeal No. 1 of 2003
emphasized that failure to file a complete record of appeal could lead to the dismissal of the
appeal.

3. Preliminary Hearing and Admission of Appeal

Before the case proceeds to a full hearing, a panel of Justices reviews the appeal to
determine whether it meets the required legal threshold. This stage is important for:

• Confirming that the appeal was properly filed

• Ensuring all required documents are in order

• Identifying key legal issues for determination

If the appeal lacks merit, it may be summarily dismissed at this stage.

4. Full Hearing of the Appeal

If the appeal is admitted, a date for the hearing is set. The hearing follows these steps:

• The appellant presents their case first, explaining errors made by the High Court.

• The respondent responds, defending the High Court’s decision.

• The Court of Appeal justices ask questions and may request clarifications.

• Both parties may be required to submit additional written arguments.

The case is usually heard by three or five justices, depending on its complexity. In Amama
Mbabazi v. Yoweri Museveni & EC13, the court allowed all parties ample time to argue their
cases and clarified the procedures for handling election appeals.

5. Judgment and Delivery of Ruling

Once arguments are concluded, the court:

• Deliberates privately

• Drafts a judgment explaining the reasons for its decision

• Delivers a ruling either upholding, reversing, or modifying the High Court’s

A majority decision is required for the final ruling. The justices may also write concurring or
dissenting opinions if they disagree on some legal points.
13
Presidential Election Petition No. 1 of 2016
14
Constitutional Petition No. 2 of 2002
6. Remedies Available to the Court of Appeal

The Court of Appeal can:

• Confirm the High Court’s decision

• Overturn the High Court’s ruling

• Order a retrial if the initial trial was unfair

• Declare a law unconstitutional if sitting as a constitutional court

7. Appeal to the Supreme Court

If a party is dissatisfied with the Court of Appeal’s ruling, they may file an appeal to the
Supreme Court of Uganda. However, appeals are only allowed:

• On points of law of great public importance

• If the Supreme Court grants permission such as leave to appeal in criminal matters.
In the case of Kigula & 416 Others v. Attorney General15, the Court of Appeal declared the
mandatory death penalty unconstitutional, and this decision was later upheld by the
Supreme Court.

Powers of the Court of Appeal

The court of appeal confirms, reverses, or modifies High Court decisions. It grant new trials
or remand cases back for retrial. It also declares legislation unconstitutional when sitting as
a constitutional court. In the case of Paul K. Ssemogerere & 2 Others v. Attorney General16,
the court of appeal struck down an amendment to the Political Parties Act, holding that
Parliament had overstepped its authority.

Landmark Cases and Their Impact

a) Electoral Matters:

The Court of Appeal is a crucial arbiter in election petitions. In the case of Amama Mbabazi
v. Yoweri Museveni & EC, Presidential Election Petition No. 1 of 2016, the court upheld the
election of President Museveni, but recommended reforms in electoral laws.

b)Human Rights and Constitutional Interpretation:

The court of appeal ensures that fundamental rights and freedoms are upheld. In the case of
Andrew Mujuni Mwenda v. Attorney General, Constitutional Petition No. 12 of 2005, t pop
he court ruled that laws restricting press freedom violated the right to free speech.

15
Constitutional Appeal No. 3 of 2006
16
Constitutional Appeal No. 1 of 2002
Appeals from the Court of Appeal:

The decisions of the Court of Appeal can be appealed to the Supreme Court if there are
significant questions of law. In criminal matters, the right to appeal is not automatic, it
requires permission from the Supreme Court.

In the case of Kigula & 416 Others v. Attorney General, Constitutional Appeal No. 3 of
2006, the Supreme Court upheld the Court of Appeal’s decision that the mandatory death
penalty was unconstitutional.

Challenges Faced by the Court of Appeal

1. Case backlog: This is due to an increasing number of appeals.

2. Limited resources: Insufficient funding affects efficiency of the court of appeal

3. Delays in judgment delivery: Some appeals take years to resolve. In the case of
Katumba v. Uganda, Criminal Appeal No. 4 of 2010, the court criticized trial delays,
reaffirming the right to a fair and speedy trial.

The Court of Appeal of Uganda plays a vital role in shaping the legal landscape by ensuring
justice is served through fair and just appellate review. It also interprets the Constitution,
protecting fundamental rights. Despite challenges, it remains a cornerstone of Uganda’s
judicial system.

CONSTITUTIONAL COURT

CONSTITUTIONAL COURT JURISDICTION

Article 137 of the constitution, 1995 of Uganda gives life to the constitution court in matters
pertaining the interpretation of the constitution.

PECUNIARY JURISDICTION

Exclusive jurisdiction

The constitutional court has exclusive jurisdiction to hear and determine constitutional
matters, including;

1. Interpretation of the constitution

The constitutional court has the power to interpret the constitution and determine it’s
application

Thus in Uganda v Commissioner of Prisons17; Here court interpreted Article 28 of

17
1996
2. Constitutional validity of laws

The court can determine the constitutional validity of laws including Acts of parliament
and subsidiary legislation

Thus in Paul Kawanga Ssemwogerere V AG18; Court struck out unconstitutional provisions
from the act that were against freedom of expression

3. Human rights

The court has jurisdiction to hear cases related to Human rights, including the enforcement
of the Bill of Rights

Thus in Susan Kigula V AG19; Here Court noted that the death penalty deprived the right to
Life

4. Election Petitions

The Court can hear election petitions challenging the validity of Presidential, Parliamentary
or local government election

Thus in Kizza Byesigye V Electoral Commission and Yoweri Museveni20

Original jurisdiction

The constitutional Court has original jurisdiction to hear cases directly, without the need for
a referral from a lower Court

Thus in Uganda law society V AG21; The Court exercised it’s original jurisdiction to hear the
petition challenging the constitutionality of the Act

Appellate jurisdiction

The constitutional court has appellate jurisdiction to hear appeals from the court of Court of
Appeal on constitutional matters

Thus in Andrew Mwenda v AG22 ; Here the constitutional court exercised it’s appellate
jurisdiction to hear the appeal

Geographical jurisdiction

National jurisdiction

18
1996
19
2009
20
2006
21
2006
22
2010
The constitutional court has jurisdiction over the entire country and it’s decisions are
binding on all courts and authorities in Uganda

Thus in the case of Paul Kawanga semwogerere V AG23 ; Here the court exercised it’s
national jurisdiction to hear the petition which affected the whole Country

Territorial jurisdiction

The constitutional court can hear cases from any part of the Country and it’s jurisdiction is
not limited to a specific region or district

Thus in Susan Kigula vs AG24 ; here the court exercised it’s territorial jurisdiction over the
entire country, as the petition affected the application of the death penalty countrywide

LIMITATIONS ON CONSTITUTIONAL JURISDICTION

Matters of judicial review

The constitutional court does not have jurisdiction to review decisions of the Court of
Appeal or the supreme Court on matters of judicial review

Sub-judice matters

The constitutional court does not have jurisdiction to hear matters that are already pending
before another court

3 Res judicata

The constitutional court does not have jurisdiction to hear matters that already been
decided by a court of competent jurisdiction

HIGH COURT

Jurisdiction is derived from Article 139(1)25. High court is vested with unlimited original
jurisdiction in all civil and criminal matters. Larco Concrete Products ltd V Transair ltd
(1988-80) HCB 80; the high court in its civil and criminal jurisdiction is vested with power
over all persons and over all cases and matters in Uganda criminal or civil and inspire of the
contract being made in England, that alone couldn’t oust the jurisdiction of the High Court
unless it has been stipulated in the agreement to that effect in no uncertain terms.

The constitution read together with the Judicature Act Section 14(2) grant the High Court
original jurisdiction in all matters. In the absence of a provision in the contrary the High
Court has unlimited jurisdiction.

23
1996
24
2009
25
1995 Constitution of the Republic of Uganda
The High Court can’t dismiss a matter before it merely because other lower Magistrates
courts may have to entertain it. In the case of P Munyagwa V Lucy Kamujanduzi 26, it was
held that the High court is a court of unlimited jurisdiction which could entertain any action
this doesn’t render the suit defective. That all the plaintiff would suffer was to be awarded
costs at the rate of the lower court scale.

Geographical jurisdiction of the high court

Section 1227 provides that suits are instituted where the subject matter is situate subject to
the pecuniary or other factors in law.

JURISDICTION OF HIGH COURT IN TAX DISPUTES

The proper procedure is that all tax disputes must first be lodged with the Tax Appeals
Tribunals and only taken before the High Court on Appeal. Uganda Revenue Authority
(URA) V Rabbo Enterprises (U) Ltd 28, the Supreme Court stated that Section 139 provides
that the high Court shall subject to the provisions of the constitution have unlimited original
jurisdiction. That on the other hand section 152(3) provides that the parliament shall make
laws to establish tax tribunals for the purposes of setting tax disputes. Pursuant to the
constitutional provision, parliament enacted the Tax Appeals Tribunals Act Cap 341. That
the High Court exercises its unlimited jurisdiction subject to other provisions of the
Constitution, That all tax disputes must first be lodged with the Tax Appeals Tribunals and
only taken before the High Court on Appeal.

UNLIMITED ORIGINAL JURISDICTION OF THE HIGH COURT IN EMPLOYMENT DISPUTES

The high court has unlimited original jurisdiction in employment matters. 201 Former
Employees of G4S Security Services Uganda Ltd V G4S Security Services Uganda Ltd 29the
Supreme Court held that S.92(1)30 clearly intended to oust the jurisdiction of the ordinary
civil courts in Uganda by ensuring that employment matters are only handled by labour
officers and industrial court.

Unlimited original jurisdiction of the high court in disputes subject to arbitration clauses

Provisions of the Arbitration and Conciliation Act requiring matters subject to arbitration
clauses do not oust the jurisdiction of the High Court according to the case of Phoebe
Mugabi V PrintPak (U) Ltd31. However the High Court may refer the matter to arbitration
where there is a valid operative and enforceable clause if a proper application is made by a
party thereto.

26
[1972]EA, 332(U)
27
Civil Procedure Act Cap 282
28
SCCA No.12 of 2004
29
SCCA No.18/2010
30
Employment Act Cap 226
31
(1994)1 KALR 29
JURISDICTION OF THE HIGH COURT IN MATTERS WITH AN INTERNATIONAL ELEMENT

In the case of Sebagala &Sons Eletric Centre Ltd V Kenya National Shipping Lines Ltd 32, It
was held that following the provisions of Section 15(3) of the CPA, the question of whether
not a court has jurisdiction in a matter arising from the contract is dependent on where the
cause of action arose in terms of where the contract was made, or where it was performed
and completed and where payment was effected. In this case, completion of the contract
was to be effected in Kampala hence the court had jurisdiction. The defendant having filed a
defense submitted to the jurisdiction of the court and could not dispute its jurisdiction at
the hearing.

JURISDICTION OF THE HIGH COURT IN TRANSACTIONS WHERE DEFENDANTS ARE SUBJECT

If a government or one of its departments goes into the market places of the world and
engages in straight forward commercial transactions, then it’s within the territorial
jurisdiction of the courts of the foreign sovereign and can’t claim immunity in respect of
such transactions as per the case of Eddie Rodrigues V the British High Commission33.

Jurisdiction of the High Court in case of conflict between international law and Municipal
law, the jurisdiction of the High Court extends only to the boundaries of Uganda. The High
court should refrain from interpreting the provisions of the international Acts for purposes
of uniform application of the law in all partner states as per the case of Concorp
International Ltd V Eastern & Southern Trade & development Bank 34.

CHIEF MAGISTRATE COURT

MAGISTRATE COURT GRADE 1

LOCAL COUNCIL COURTS

The 1995 constitution calls for other subordinate courts that are established through the
acts of the parliament35. Local Council Courts in Uganda are community elected courts that resolve
disputes at the village, parish, town, division, and sub-county levels. They are an alternative to the
formal court system and are especially relevant to the rural poor. The courts are provided for
under the local council courts Act 36and are also regulated by the local council courts
regulations37.

32
HCCS NO 431 OF 1999[1997-2001] UCLR 388
33
SCCA NO.8/87
34
SCCA NO.11/2009
35
Article 129(1), (d)
36

37
Section 4
According to the local council courts Regulation 438 provides for the establishment of the
village local council court which shall consist of all members of the executive committee of a
village. On the village level the local council courts are subjected to matters with in the
territorial areas of that village and this applies to all local areas such as parish, town, division
and sub county level and regulation 339 lays out such local council courts. Regulation 440
further provide that a village local council court shall consist of all members of the executive
committee of the village these include chair person, secretary, defence and other two
members of the committee. The village courts are subjected to cases that are minor such as
common assault, theft of small items such as chicken among others. And penalties involved
include expulsion from the village, compensation among others.

Regulation 541 lays out the establishment of the parish local council courts. A parish local
council court shall consist of all members of the executive committee of a parish. Regulation
642 provides for the sub county local council court and this consists of five members
appointed by the sub county council on the recommendation of the executive committee of
the sub county council and two women at least to be part of the committee 43.

The town council courts are also established by five members appointed by the town council
on the recommendation of the executive committee of the town council and at least two
women to be on the committee44 Division local council court consists of five members
appointed by the division council on the recommendation of the executive committee of the
division committee45.

SITTING AREA OF COURTS

A local council court may be held at a designated place within the limits of its jurisdiction for
the convenient and speedy discharge of its business. 46 The Chairperson of the court shall
preside at the sittings of the court and in the absence of the Chairperson, the Vice-
Chairperson shall preside.47The quorum of the court at any sitting shall be in the case of a
village or parish, five members including the person presiding, two of whom shall be
women48

In the case of a town, division or sub-county, three members including the person presiding,
one of whom shall be a woman and the quorum shall be maintained throughout the court

38
Local council courts regulations
39
Local council courts regulations
40
Local council courts regulations
41
Local council courts regulations
42
Local council courts regulations
43
Paragraph 2 of regulation6
44
Regulation 7 paragraph 2
45
Regulation 8
46
Section 8(1) of the local council courts Act
47
Section 8(2) local council courts Act
48
Section 8(4)(a) local council courts Act
sitting.49 And if the quorum is lost for any reason, the court shall adjourn to another time 50.
Every question arising before a local council court shall be determined by consensus and in
the absence of a consensus shall be determined by a majority of votes of the members
sitting by show of hands. Where the votes are equal, the Chairperson shall have a casting
vote. The judgment of the court shall be made by the Chairperson and the members of the
court who were present throughout the hearing of the evidence relating to that case 51

JURISDICTION OF LOCAL COUNCIL COURTS

Territorial jurisdiction of local council courts

Subject to the provisions of this Act and any other written law, the jurisdiction of a local
council court shall extend only to causes and matters arising within the territorial area of the
council for which the court is established and to causes and matters arising elsewhere if the
defendant or accused is ordinarily resident within that area52

Legal jurisdiction

Every local council court shall have jurisdiction for the trial and determination of the causes
and matters of a civil nature specified such as Debts, Contracts, Assault or assault and
battery, Conversion, Damage to property and Trespass 53

Causes and matters of a civil nature governed only by customary law and these include
disputes in respect of land held under customary tenure, disputes concerning marriage,
marital status, separation, divorce or the parentage of children, disputes relating to the
identity of a customary heir and Customary bailment54

Causes and matters arising out of infringement of bye-laws and Ordinances duly made
under the Local Governments Act which include matters specified under the Children Act
and matters relating to land55. In any suit relating to causes and matters specified in the
Second and Third Schedules, the jurisdiction of the local council court shall, in respect of
causes and matters specified in the Second Schedule be restricted to causes and matters
where the value of the subject matter in dispute does not exceed one hundred currency
points56, the jurisdiction of the court in respect of causes and matters specified in the Third
Schedule shall not be restricted by the monetary value of the subject matter in dispute. 57

49
Section 8 local council courts Act
50
Section 8(6) local council courts Act
51
Section8(9) local council courts Act
52
Local council courts act section 9
53
Section 10(1) local council courts Act 2006
54
Third schedule local council courts Act2006
55
Section 10 local council courts Act2006
56
Section 10 (2), (a) local council courts Act 2006
57
Section 10 (2), (b) local council courts Act2006
According to section 10 (3)58 In any suit relating to causes and matters specified in the
Second Schedule and in the Third Schedule, where the court awards compensation
exceeding twenty-five currency points, the court shall refer the case to the Chief Magistrate
of the area for the purposes of execution of the order and the Chief Magistrate may, if he or
she finds that the judgment award is grossly excessive, reduce the amount of the award
taking into account awards in similar cases.

According to the local council courts Act59 the defendant can raise an objection of
jurisdiction; the case shall be upheld and be referred to a court having jurisdiction to hear
and determine the case and if the objection is rejected the local council court shall record
the objection and its reasons for rejecting it and proceed with the trial of the case.

In Isoto Angella v Atai Elizabeth where the question of jurisdiction between LC II and LC III
courts was addressed, and rulings where courts have upheld the principle that a Local
Council Court's jurisdiction is limited to matters arising within its territorial area as defined
by law

58
Local council courts Act
59
Section 12