KAMPALA INTERNATIONAL UNIVERSITY

SCHOOL OF LAW
PROGRAMM : LLB
COURSE UNIT : LEGAL METHODS
YEAR : ONE
SEMESTER : TWO
SESSION : DAY
LECTURER : MR.S AMIOT GRACE
GROUP 10
No NAME REG. No SIGNATURE

1. SSEBUGENYI TREVOR 2024-04-26451

3. NAJJEMBA SHABIRAH 2024-08-30379

4. SSEBAKAKI IBRAHIM 2019-08-08487

5. MANGENI GEORGE TANGA 2024-01-24083

6. KYAZZE IMAN ZAWAHILI 2024-08-30585

7.
8.
9.

THE COURT AND COURT SYSTEM IN UGANDA

The court system in Uganda is established by the Constitution of the Republic of Uganda, 1995
under Chapter 8. The court system/structure consists of the courts of judicature and
subordinate courts established under an Act of Parliament. In Uganda, the courts of law are
under the judiciary one of the organs of government in Uganda. The Judiciary is entrusted with
the mandate to administer justice in both civil and criminal matters through the courts of
judicature and subordinate courts. According to Article 126 (1) of the Constitution of the
Republic of Uganda, 1995; “…judicial power is derived from the people and shall be exercised
by the courts established under this Constitution in the name of the people and in
conformity with law and with the values, norms and aspirations of the people.”
In Uganda, the courts are set up in pyramidical format from the highest Court to the
lowest in the structure. Article 129 the Constitution of the Republic of Uganda, 1995,
stipulates that judicial power shall be exercised b2y the courts of judicature which shall consist
of the Supreme Court, the Court of Appeal, the High Court and such subordinate courts as
Parliament may by law establish.
According to Article 128 (1) of the Constitution of the Republic of Uganda, 1995 in the
exercise of judicial power, the courts shall be independent and shall not be subject to control or
direction of any person or authority. Judicial independence is the notion that the judiciary
should be independent from the other branches of government. This means that the courts
should not be subject to improper influence from the other branches of government or from
private or partisan interests. Judicial independence is important to the idea of separation of
powers.
The aspect of judicial independence and impartiality was discussed at length by the Supreme
Court of Uganda in the case of His Worship Aggrey Bwire vs. Attorney General & Judicial
Service Commission SCCA No. 8 of 2010. The Supreme Court cited with approval the
observations of Mpagi-Bahigeine, JA, (as she then was) in the Court of Appeal where the
learned Justice of Appeal stated that;
“Judicial independence or immunity is not a privilege of the individual judicial
officer. It is the responsibility imposed on each officer to enable him or her to adjudicate a
dispute honestly and impartially on basis of the law and the evidence, without external
pressure or influence and without fear of interference from anyone. The core of the principle
of judicial independence is the complete liberty of the judicial officer to hear and decide the
cases that come before the courts and no outsider be it government, individual or even
another judicial officer should interfere, with the way in which an officer conducts and makes
a decision –RV Beauregard, Supreme Court of Canada, (1987) LRC(Const) 180 at 188 per Chief
Justice Dickson.
Independence and impartiality are separate and distinct values. They are nevertheless
linked as mutually reinforcing attributes of the judicial office. Impartiality must exist both as a
matter of fact and as a matter of reasonable perception.”
THE HIERARCHY OF COURTS IN UGANDA
Uganda has a pyramidal judicial structure with the Supreme Court, the Court of Appeal, the
Constitutional Court and the High Court of Uganda being superior courts of record.
 The Supreme Court
The supreme court is the highest appellate court in Uganda established under Article 130 of the
Constitution of the Republic of Uganda, 1995 as amended. According to Article 132 of the
Constitution, the Supreme Court is the final court of appeal, it has power to entertain appeals
from the Court of Appeal and the Constitutional Court. The Supreme Court also has original
jurisdiction in matters of presidential election petitions. See: Amama Mbabazi vs. Yoweri
Museveni & Ors Supreme Court Election Petition No. 1 of 2016. A minimum of 5 justices must
be present to hear a civil or criminal appeal . and this is the general quoram
The Supreme Court consists of the Chief Justice and other Justices of the Supreme Court as
provided by law. Section 1 of the Judicature (Amendment) Act No. 9 of 2011 which replaced
Section 3 of the Judicature Act Cap 13 elevated the number of Supreme Court Justices to
eleven. The Chief Justice is the head of the Supreme Court and presides at each sitting of the
Court. In his absence, the most senior member of the Court as constituted presides. Currently
the Chief Justice of Uganda is Justice Alphonse Owinyi Dollo.
The Court of Appeal
The Court of Appeal is established under Article 134 of the Constitution of the Republic of
Uganda, 1995. It is the second highest Court of record in Uganda. Section 2 of the Judicature
(Amendment) Act No. 9 of 2011 which replaced Section 9 of the Judicature Act Cap 13
elevated the number of the Justices of Appeal to 15 Justices. The Court of Appeal also serves as
the Constitutional Court when sitting with a bench of five justices of appeal to determine
questions of interpretation of the Constitution. The Deputy Chief Justice is the head of the
Court and in that capacity assists the Chief Justice in the administration of the Court. Currently
the Deputy Chief Justice of Uganda is Justice Richard Butera. A minimum of three Justices of
Appeal constitute the Coram of the court to hear and determine appeals to the Court. The
court of appeal requires a quorum of odd number of not less than 3 justices when presiding
over matters
The Constitutional Court Article 137 (1) of the Constitution of the Republic of Uganda, 1995
provides that any question as to the interpretation of the Constitution shall be determined by
the Court of Appeal sitting as the Constitutional Court. The import of this article is that the
Constitutional Court is constituted by the Court of Appeal sitting as the Constitutional Court.
When sitting as a Constitutional Court, the court must consist of a bench of five justices. (Article
137 (2) of the Constitution of the Republic of Uganda and constitutional which is part of court
of appeal requires a quorum of atleast 5 justices when presiding over a constitutionalcourt
The High Court
The High Court is established under Article 138 of the Constitution of the Republic of Uganda.
The High Court is the third highest Court of record possessing and exercising unlimited
jurisdiction in both Criminal and Civil cases. In addition, it hears appeals from Magistrates
courts and exercises general supervisory power over them. The Principal Judge is the head of
the High Court and the subordinate courts and in that capacity assists the Chief Justice in
administration of these Courts. Currently the Principal Judge is Justice Dr. Flavian Zeija. The
High Court is divided into eight divisions;
1) Civil Division
2) Commercial Division
3) Family Division
4) Land Division
5) Criminal Division
6) Anti-Corruption Division
7) International Crimes Division
8) Execution and Bailiffs Division
When sitting to determine matters brought before the Court, the High Court is presided
over by a single judge. The High Court holds sessions in various parts of Uganda called High
Court Circuits for the trial of civil and criminal cases. Most of the business of the High Court
is conducted at its headquarters in Kampala, but with the decentralization of the High
Court, its services are now obtained at its High Court circuits and these are
1. Arua High Court 2. Fort Portal High Court 3. Gulu High Court 4. Hoima High Court 5.
Iganga High Court 6. Jinja High Court 7. Kabale High Court 8. Lira High Court 9. Luwero High
Court 10. Masaka High Court 11. Masindi High Court 12. Mbarara High Court 13. Mbale
High Court 14. Moroto High Court 15. Mpigi High Court 16. Mubende High Court 17.
Mukono High Court 18. Rukungiri High Court 19. Soroti High Court
Magistrate’s Courts Magistrates Courts are established under the Magistrates Court Act
Cap 16 as amended. The High Court is empowered by the Judicature Act to supervise them.
They consist of grades ranging from;
1. Chief Magistrate
2. Magistrate Grade I,
3. Magistrate Grade II.
A Chief Magistrate is empowered to supervise all Magistrates’ Courts within the area of
jurisdiction. The powers and jurisdiction of a particular magistrate are determined by the grade
of his or her appointment and the powers and jurisdiction conferred upon that grade by the
Magistrates Courts Act.
In Civil Cases; A Chief Magistrate has jurisdiction to hear and determine matters whose subject
matter does not Ugx 50,000,000/= (Uganda Shillings fifty million only) (Section 207 (1) (a) of
the Magistrates Courts Act Cap 16 as Amended). A Magistrate Grade 1 has jurisdiction to hear
and determine matters whose subject matter does not exceed Ugx 20,000,000/= (Uganda
Shillings twenty million only) (Section 207 (1) (b) of the Magistrates Courts Act Cap 16 as
Amended). A Magistrate Grade 2 has power to hear and determine matters who subject matter
does not exceed Ugx 500,000/= (Uganda Shillings five hundred thousand only) (Section 207
(1) (c) of the Magistrates Courts Act Cap 16).
In Criminal Cases; a chief magistrate has power to try any offence other than an offence in
respect of which the maximum penalty is death. Section 161 (1) (a) of the Magistrates Courts
Act Cap 16 as amended). A magistrate Grade I has power to try any offence other than an
offence in respect of which the maximum penalty is death or imprisonment for life. Section 161
(1) (b) of the Magistrates Courts Act Cap 16 as Amended
A magistrate grade II may try any offence under and shall have jurisdiction to administer and
enforce any of the provisions of, any written law other than the offences and provisions
specified in the First Schedule to the Magistrates Courts Act. These include offences like;
Incitement to violence, smuggling, rape, attempt to commit rape, abduction, defilement of girl
under the age of eighteen, defilement of idiots or imbeciles, procuration. A party dissatisfied
with a decision of a Chief Magistrate or Magistrate Grade 1 has a right to appeal to the High
Court of Uganda.
A party dissatisfied with a decision of a Magistrate Grade 2 has a right to appeal to the Chief
Magistrate. Specialized Courts These are Courts that are created by an Act of Parliament to deal
with specific matters as provided under the Constitution of Uganda.
The Family and Children Court
Section 13 of the Children Act Cap 59 as Amended establishes a Family and Children Court in
every district. This Court is presided over by a Magistrate Grade I and II. According to Section 93
of the Children Act, the Family and Children Court has power to hear and determine
applications relating to child care and protection (e.g. custody, maintenance and parentage) as
well as criminal charges against a child except any offence punishable by death or any offence
for which a child is jointly charged with a person over eighteen years of age;
point to note The Children Act provides that unless otherwise provided, matters of a civil
nature concerning children are dealt with by the village Local Council Courts where the child
resides or where the root of the complaint arises.
Local Council Courts These are established under Section 3 of the Local Council Courts Act
2006 for the administration of justice at every village, parish, town, division and sub-county.
They are supervised by the High Court although under Section 40 of the Local Council Courts
Act, the Chief Magistrate may exercise this function on behalf of the High Court. The territorial
jurisdiction of Local Council Courts extends only to matters arising in the territory of the Local
Council where the court is established or to matters arising elsewhere if the defendant or
accused ordinarily resides in that territorial area.
Under Section 10 of the Local Council Courts Act, 2006, Local Courts have power to hear and
determine matters of a civil nature specified in the Second Schedule to the Act, these include;
debts, contracts, assault or assault and battery, conversion, damage to property and trespass.
The Local Council Courts further have power to hear and determine matters of a civil 7 nature
governed only by customary law specified in the Third Schedule, 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, customary bailment. The Local Council Courts also have power to hear and determine
matters arising out of infringement of byelaws and Ordinances duly made under the Local
Governments Act and matters specified under the Children Act. Under Section 21 of the Local
Council Courts Act, the language of the court to be used in the determination of disputes is the
language widely spoken in the area of jurisdiction of the court. Local Council Courts can give
remedies including compensation, restitution, attachment and sale. Appeals lie from village
Local Council Courts to Parish Local Council Courts; from Parish Local Council Courts to town,
division or Sub County; from town, division or Sub County to the Chief Magistrates Court; from
Chief Magistrates Court to High Court with leave (permission) of the Chief Magistrates Court or
the High Court.
The Military courts
The Parliament of Uganda is mandated under 210 of the Constitution to make laws regulating
the Uganda People’s Defence Forces. In 2005, the Parliament of Uganda passed the Uganda
People’s Defence Forces Act, 2005 into law. The UPDF Act is the major legal framework
governing the UPDF. Part VIII of the UPDF Act deals with the establishment and operation of
military courts in Uganda. From the structural point of view, military courts in Uganda comprise
of;
a) The Summary Trial Authority,
b) Unit Disciplinary Committees
c) Courts Martial.
Under “Courts Martial”, the UPDF Act provides for a four-tier military court system;
i) Field Courts Martial;
ii) Division Courts Martial;
iii) The General Court Martial
iv) The Court Martial Appeal Court.
Summary Trial Authority
Under the “Summary Trial Authority”, an accused person can be tried by summary trial either
by his or her commanding officer or officer commanding 8 or by a superior authority. The
offences triable by the Summary Trial Authority are provided for in the Eighth Schedule to the
UPDF Act. They include; disobeying lawful orders, insubordinate behaviour, violence to a
superior officer, drunkenness, quarrels and disturbances, scandalous conduct by officers and
absence without leave. Appeals from decisions of Summary Trial Authority lie only to the
commanding officer or the immediate superior in command of the Summary Trial Authority.
According to section 207 (1) of the UPDF Act, appeals from decisions of superior authority in
exercise of original jurisdiction lie to the Commanderin-Chief.
Unit Disciplinary Committees Unit Disciplinary Committees are established under Section 195
(1) of the UPDF Act. This section establishes a Unit Disciplinary Committee for each Unit of the
defence forces. The jurisdiction of a Unit Disciplinary Committee is limited to trying persons
accused of committing non-capital offences under the UPDF Act. A Unit Disciplinary Committee
has power to impose any sentence authorised by law. This includes death. A party to the
proceedings of a Unit Disciplinary Committee who is not satisfied with its decision has the right
to appeal to the General Court Martial. The UPDF Act also establishes a Division Court Martial
for each Division or equivalent formation of the defence forces. A Division Court Martial has
unlimited original jurisdiction under the UPDF Act. The power to convene a Division Court
Martial vests in the High Command or any other authority authorised in that behalf by the High
Command.
Field Courts Martial
Field Courts Martial are established under Section 200 (1) of the UPDF Act. The jurisdiction of
Field Courts Martial is limited to only circumstances where it is impractical for the offender to
be tried by a Unit Disciplinary Committee or a Division Court Martial. General Court Martial
Section 197 (1) of the UPDF Act establishes the General Court Martial. The General Court
Martial is the second highest military court in the country. The General Court Martial has both
original and appellate jurisdiction. Like the Division Courts Martial, the original jurisdiction of
the General Court Martial under the UPDF Act is unlimited. Its appellate jurisdiction is limited to
hearing and determining appeals referred to it from decisions of Division Courts Martial and
Unit Disciplinary Committees. The General Court Martial also has revisionary powers in respect
of findings, sentences or orders made or imposed by any Summary Trial Authority or Unit
Disciplinary Committee
Court Martial Appeal Court
The highest military court in Uganda is the Court Martial Appeal Court. The Court Martial
Appeal Court hears and determines all appeals referred to it from decisions of the General
Court Martial. The Court Martial Appeal Court is the last appellate military tribunal in Uganda.
No appeal lies from the Court Martial Appeal Court to any other court, except cases of appeal
against convictions involving death sentence or life imprisonment which have been upheld by
it. In such cases, the appellant has a right of further appeal to the Court of Appeal of Uganda. In
Sgt. Kalemera Frank vs. Uganda SCCA No. 18 of 1994, the Supreme Court held that appeals
from the Court Martial Appeal Court must first be made to the Court of Appeal with the
Supreme Court being the final appellate Court.
The Industrial Court
The Industrial Court of Uganda is an established Court under the Labour Disputes (Arbitration
and Settlement) Act, 2006 Cap 224, (LADASA),Laws of Uganda, section 7. The Act was assented
to on 24th May 2006; and commenced on the 7th August 2006 vide a Ministerial statutory
instrument .
The Court’s jurisdiction is referral and its functions are to arbitrate labour disputes referred to
it under the Act; adjudicating questions of law arising from references to it by any other law;
and dispose of the labour disputes without undue delay.
It’s jurisdiction ambit are labour disputes referred to it by a party to a dispute where a labour
officer has failed to dispose of the dispute within 08 weeks under the court’s regulations as
requested under the Act , or disputes referred by a labour officer at the request of the party or
on the officer’s own volition when is unable to resolve the dispute; or by the responsible
Minister on notice of an intended withdrawal of labour within 05 days.