Judicature Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ applied law ” means the United Kingdom Acts the application of which is continued by section 47 ; “ Parliament ” has the meaning assigned to it in the Constitution; “ rules of court ” means rules of court made or continued in force under this Act.

Section Order of precedence of judges Section The order of precedence among the justices of the Supreme Court, the justices of the Court of Appeal and the judges of the High Court shall be as follows— the Chief Justice shall take precedence over all justices of the Supreme Court and the justices of the Court of Appeal and judges of the High Court; the Deputy Chief Justice shall take precedence immediately after the Chief Justice, and the Principal Judge shall take precedence immediately after the Deputy Chief Justice; the justices of the Supreme Court shall take precedence immediately after the Principal Judge and among themselves, according to the priority of the dates on which they respectively took office as justices of the Supreme Court; the justices of the Court of Appeal shall take precedence immediately after the justices of the Supreme Court and among themselves, according to the priority of the dates on which they respectively took office as justices of the Court of Appeal; the judges of the High Court shall take precedence immediately after the justices of the Court of Appeal and among themselves, according to the priority of the dates on which they respectively took and...

Section Supreme Court of Uganda Section The Supreme Court shall consist of— the Chief Justice; and ten Justices of the Supreme Court.

Section Jurisdiction of the Supreme Court Section An appeal shall lie to the Supreme Court from such decisions of the Court of Appeal as are prescribed by the Constitution, this Act or any other law.

Section Appeals to the Supreme Court in criminal matters Section In criminal matters, in the case of an offence punishable by a sentence of death, an appeal shall lie to the Supreme Court as follows— where the Court of Appeal has confirmed a conviction and sentence of death passed by the High Court, the accused may appeal as of right to the Supreme Court on a matter of law or mixed law and fact; where the High Court has acquitted an accused person, but the Court of Appeal has reversed that judgment and ordered the conviction of the accused, the accused may appeal to the Supreme Court as of right on a matter of law or mixed law and fact; where the High Court has convicted an accused person, but the Court of Appeal has reversed the conviction and ordered the acquittal of the accused, the Director of Public Prosecutions may appeal as of right to the Supreme Court for a declaratory judgment on a matter of law or mixed law and fact; where the Court of Appeal has confirmed the acquittal of an accused by the High Court, the Director of Public Prosecutions may appeal to the Supreme Court for a declaratory judgment on a matter of law of great public importance. [paragraph (d) substituted by...

Section Appeals to the Supreme Court in civil matters Section An appeal shall lie as of right to the Supreme Court where the Court of Appeal confirms, varies or reverses a judgment or order, including an interlocutory order, given by the High Court in the exercise of its original jurisdiction and either confirmed, varied or reversed by the Court of Appeal. Where an appeal emanates from a judgment or order of a chief magistrate or a magistrate grade I in the exercise of his or her original jurisdiction, but not including an interlocutory matter, a party aggrieved may lodge a third appeal to the Supreme Court on the certificate of the Court of Appeal that the appeal concerns a matter of law of great public or general importance, or if the Supreme Court considers, in its overall duty to see that justice is done, that the appeal should be heard.

Section Supreme Court to have powers of the court of original jurisdiction Section For the purposes of hearing and determining an appeal, the Supreme Court shall have all the powers, authority and jurisdiction vested under any written law in the court from the exercise of the original jurisdiction of which the appeal originally emanated.

Section Powers of a single justice of the Supreme Court Section A single justice of the Supreme Court may exercise any power vested in the Supreme Court in any interlocutory cause or matter before the Supreme Court. Any person dissatisfied with the decision of a single justice in the exercise of a power under subsection (1) is entitled to have the matter determined by a bench of three justices of the Supreme Court which may confirm, vary or reverse the decision.

Section Jurisdiction of the Court of Appeal Section An appeal shall lie to the Court of Appeal from decisions of the High Court prescribed by the Constitution, this Act or any other law.

Section Court of Appeal to have powers of the court of original jurisdiction Section For the purpose of hearing and determining an appeal, the Court of Appeal shall have all the powers, authority and jurisdiction vested under any written law in the court from the exercise of the original jurisdiction of which the appeal originally emanated.

Section Powers of a single justice of the Court of Appeal Section A single justice of the Court of Appeal may exercise any power vested in the Court of Appeal in any interlocutory cause or matter before the Court of Appeal. Any person dissatisfied with the decision of a single justice of the Court of Appeal in the exercise of any power under subsection (1) shall be entitled to have the matter determined by a bench of three justices of the Court of Appeal which may confirm, vary or reverse the decision.

Section Court of Appeal of Uganda Section The Court of Appeal of Uganda shall consist of— the Deputy Chief Justice; and thirty four Justices of the Court of Appeal.

Section High Court of Uganda Section The High Court of Uganda shall consist of— the Principal Judge; and twenty-five judges of the High Court or such higher number of judges of the High Court as may be prescribed by Parliament by resolution.

Section Jurisdiction of the High Court Section Subject to the Constitution and this Act, the jurisdiction of the High Court shall be exercised— subject to any written law and insofar as the written law does not extend or apply, in conformity with— The High Court shall, subject to the Constitution, have unlimited original jurisdiction in all matters and such appellate and other jurisdiction as may be conferred on it by the Constitution or this Act or any other law. in conformity with the written law, including any law in force immediately before the commencement of this Act; the common law and the doctrines of equity; any established and current custom or usage; and the powers vested in, and the procedure and practice observed by, the High Court immediately before the commencement of this Act insofar as any such jurisdiction is consistent with the provisions of this Act; and where no express law or rule is applicable to any matter in issue before the High Court, in conformity with the principles of justice, equity and good conscience. The applied law , the common law and the doctrines of equity shall be in force only insofar as the circumstances of Uganda and of its peoples permit,...

Section Customary law Section Nothing in this Act shall deprive the High Court of the right to observe or enforce the observance of, or shall deprive any person of the benefit of, any existing custom, which is not repugnant to natural justice, equity and good conscience and not incompatible either directly or by necessary implication with any written law. No party to a suit shall be entitled to claim the benefit of any custom if it appears from express contract or from the nature of the transaction out of which the suit or question has arisen that the party agreed that his or her obligations in connection with the transaction shall be regulated exclusively by law, other than by the customary law.

Section Appellate jurisdiction of the High Court Section Subject to the Constitution, this Act and any other law, the High Court shall have jurisdiction to hear and determine appeals which lie to it by virtue of any enactment from decisions of magistrates courts and other subordinate courts in the exercise of their original or appellate jurisdiction. The High Court shall determine any questions of law referred to it by way of case stated by a magistrate in accordance with any enactment.

Section Supervision of magistrates courts Section With regard to its own procedures and those of the Magistrates' Courts, the High Court shall exercise its inherent powers— The High Court shall exercise general powers of supervision over magistrates courts. to prevent abuse of process of the court by curtailing delays, in trials and delivery of judgement including the power to limit and discontinue delayed prosecutions; to make orders for expeditious trials; to ensure that substantive justice shall be administered without undue regard to technicalities.

Section Trial of admiralty offences Section Where any person is charged with any offence committed on any vessel registered in Uganda upon the sea or any other waters outside the jurisdiction of the High Court, any public officer and the High Court shall have and exercise the same authority and jurisdiction for inquiring into, trying and determining such offence as by the law of Uganda would have been exercised if the offence had been committed upon any waters situated within Uganda.

Section Death following injuries inflicted at sea Section Where any person dies in Uganda as a result of injuries inflicted on him or her upon the sea or upon waters outside the jurisdiction of the High Court, every offence committed in respect of any such case may be inquired into, tried, determined and punished in Uganda in the same manner and in all respects as if the offence had been wholly committed in Uganda. Where any person is charged with any offence in respect of the death of any person who dies in circumstances described in subsection (1) , the offence shall be taken for the purposes of this Act to have been wholly committed upon the sea or upon such other waters referred to in subsection (1) .

Section Proctor for the State Section Where a petition for nullity of marriage or divorce has been filed in the High Court— the High Court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Attorney General who may personally or by any other counsel argue before the High Court any question in relation to the matter which the High Court deems to be necessary or expedient to have fully argued; any person may, at any time before the decree nisi is made absolute, give information to the Attorney General of any matter material to the determination of the case; and the Attorney General may thereupon take such steps as he or she may consider necessary or expedient. Where in consequence of any information the Attorney General is satisfied that any party to a petition for nullity of marriage or divorce is or has been acting in collusion for the purpose of obtaining a decree contrary to the justice of the case, the Attorney General may, with the leave of the High Court, intervene and subpoena witnesses to prove the alleged collusion.

Section Relief from reentry or forfeiture for nonpayment of rent Section The High Court may, under subsection (1) — Where a lessor is proceeding, by action or otherwise, to enforce a right of reentry or forfeiture for nonpayment of rent, the lessee, his or her executors, administrators or assigns may, in the lessor’s action or in an action brought by himself or herself, apply to the High Court for relief. grant any relief it considers fit on such terms as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any future nonpayment of rent, as it thinks fit; or refuse the relief sought as it thinks fit. Where relief is granted under this section, the lessee, his or her executors, administrators or assigns shall hold the demised property according to the terms of the lease without necessity of a new lease. The High Court may, after judgment in any action for a right of reentry or forfeiture, grant relief from forfeiture on application made in that behalf within six months from the date of the execution of judgment by the lessee, his or her executor, administrator or assign on such terms and conditions as to payment of rent...

Section General provisions as to remedies Section The High Court shall, in the exercise of the jurisdiction vested in it by the Constitution, this Act or any written law, grant absolutely or on such terms and conditions as it thinks just, all such remedies as any of the parties to a cause or matter is entitled to in respect of any legal or equitable claim properly brought before it, so that as far as possible all matters in controversy between the parties may be completely and finally determined and all multiplicities of legal proceedings concerning any of those matters avoided.

Section Prerogative writ of habeas corpus Section The High Court— may, at any time, where a person is deprived of his or her personal liberty otherwise than in execution of a lawful sentence (or order) imposed on that person by a competent court, upon complaint being made to the High Court by or on behalf of that person and if it appears by affidavit made in support of the complaint that there is a reasonable ground for the complaint, award under the seal of the court a writ of habeas corpus ad subjiciendum directed to the person in whose custody the person deprived of liberty is; and when the return is made, the judge before whom the writ is returnable shall inquire into the truth of the facts set out in the affidavit and may make any order as the justice of the case requires; may award a writ of habeas corpus ad test testificandum or habeas corpus ad respondendum for bringing up any prisoner detained in any prison before any court, a court-martial, an official or special referee, an arbitrator or any commissioners acting under the authority of any commission from the President for trial or, as the case may be, to be examined touching any matter to be inquired into by or pending b...

Section Appeal for habeas corpus Section Any person aggrieved by an order made under section 34 may appeal from the decision to the Court of Appeal within thirty days after the making of the order appealed from whether the order has been made in the exercise of the civil or criminal jurisdiction of the High Court.

Section Judicial review Section The High Court may upon application for judicial review, grant any one or more of the following reliefs in a civil or criminal matter— The High Court may grant an application for a declaration or an injunction under paragraph (e) of subsection (1) if it considers that having regard to— an order of mandamus requiring any act to be done; an order of prohibition, prohibiting any proceedings or matter; an order of certiorari; removing any proceedings or matter into the High Court; an injunction to restrain a person from acting in any office in which he or she is not entitled to act; a declaration or injunction not being an injunction referred to paragraph (d) of this subsection. The Court may upon any application for judicial review, in addition to or in lieu of any of the reliefs specified in subsection (1) , award damages. the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari; the nature of the persons and bodies against whom relief may be granted by way of an order referred to in paragraph (a) ; and all the circumstances of the case, On an application for judicial review as mentio...

Section Mandamus, etc. by interlocutory order Section The High Court may grant an order of mandamus or an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the High Court to be just or convenient to do so. An order may be made under this section unconditionally or on such terms and conditions as the High Court thinks just.

Section Injunctions Section Where before, at or after the hearing of any cause or matter, an application is made for an injunction to prevent a threatened or apprehended waste or trespass, an injunction may be granted, if the High Court thinks fit— The High Court shall have power to grant an injunction to restrain any person from doing any act as may be specified by the High Court. Where an injunction is granted restraining any person from acting in any office in which he or she is not entitled to act, the High Court may declare the office to be vacant. whether or not the person against whom the injunction is sought is in possession under any claim of title or claims a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by the parties or any of the parties are legal or equitable.

Section Practice and procedure Section The jurisdiction vested in the High Court by the Constitution, this Act or by any other enactment shall be exercised in accordance with the practice and procedure provided by this or any other enactment or by such rules and orders of the court as may be made or existing under this Act or any other enactment. Where in any case no procedure is laid down for the High Court by any written law or by practice, the court may, in its discretion, adopt a procedure justifiable by the circumstances of the case.

Section Rules Committee Section There shall be a Rules Committee consisting of— the Chief Justice as chairman; the Attorney General; the Deputy Chief Justice; the Principal Judge; two other members who shall be practising advocates representing the Uganda Law Society, nominated by that Society; and the director of the Law Development Centre. The Rules Committee may regulate its own procedure.

Section Functions of the Rules Committee Section Without prejudice to the general application of subsection (1) , the Rules Committee may make rules of court under that subsection for— The Rules Committee may, by statutory instrument, make rules for regulating the practice and procedure of the Supreme Court, the Court of Appeal and the High Court of Uganda and for all other courts in Uganda subordinate to the High Court. regulating the sittings of the High Court and of its judges in court or in chambers; regulating vacations and hearings during vacations by judges of the High Court of all such applications as may be required to be immediately or promptly heard; prescribing what part of the business which may be transacted or the jurisdiction which may be exercised by judges of the High Court may be transacted or exercised by registrars or other officers of the court; regulating the issue, signature, service, and enforcement of service, of summonses, notices, warrants and other processes; regulating and prescribing the method of pleading, practice and procedure of the court, including all matters connected with forms to be used and fees to be paid; regulating the procedure in suits...

Section Chief Justice to make rules of court relating to prerogative orders Section The Chief Justice may by statutory instrument make rules of court - prescribing the procedure to be followed in applications and awards of a writ of habeas corpus under section 34 ; prescribing the procedures and fees payable on documents filed or issued in cases where an order of mandamus, prohibition or certiorari is sought; requiring, except in such cases as may be specified in the rules, that leave shall be obtained before an application is made for any order referred to in paragraph (b) ; requiring that where leave is obtained, no relief shall be granted and no ground relied upon, except with the leave of the court, other than the relief and grounds specified when the application for leave was made. Subject to section 36 (4), rules made under subsection (1) may provide that applications for an order of mandamus, prohibition or certiorari shall, in specified proceedings, be made within six months or such shorter period as may be prescribed after the act or omission to which the application for leave relates.

Section Officers of courts Section There shall be such officers of the courts of judicature as may be necessary for the performance of any special duties in connection with the business of the courts of judicature, and such officers shall include the chief registrar, registrars, deputy registrars and assistant registrars. Subject to article 133 of the Constitution, the officers of the courts of judicature shall perform such duties as may be assigned to them under the rules of court and shall be subject to the general direction and supervision of the Chief Justice.

Section Seals of the Supreme Court, Court of Appeal and High Court Section The Chief Justice shall be the custodian of the Supreme Court seal and may— The Deputy Chief Justice shall be the custodian of the Court of Appeal seal and may— The Principal Judge shall be the custodian of the High Court seal and may— As required by article 8 of the Constitution, the seals of the Supreme Court and the High Court in use immediately before the coming into force of the Constitution shall continue in use for the Supreme Court and the High Court respectively. There shall be a Court of Appeal seal bearing the style of the court and such device as the Deputy Chief Justice may, in consultation with the Chief Justice, approve. assign the custody of the Supreme Court seal or a duplicate of it to the Deputy Chief Justice or a justice of the Supreme Court; give directions, subject to this section, as to the manner in which the Supreme Court seal shall be kept and used. assign the custody of that seal or a duplicate of it to a justice of the Court of Appeal; and give directions, subject to this section, as to the manner in which the seal shall be kept and used. assign the custody of the High Court seal...

Section Process and execution Section The process of the Supreme Court, the Court of Appeal and the High Court in the exercise of their jurisdiction under this Act and of any other jurisdiction conferred upon them shall run throughout Uganda. Any order or judgment of the Supreme Court or the Court of Appeal given in the exercise of their jurisdiction under this Act, may be executed and enforced as if it were an order or a judgment of the High Court.

Section Protection of judicial officers Section A judge or commission or other person acting judicially shall not be liable to be sued in any civil court for any act done or ordered to be done by that person in the discharge of his or her judicial functions whether or not within the limits of his or her jurisdiction. An officer of the court or other person bonded to execute any order or warrant of any judge or person referred to in subsection (1) acting judicially, shall not be liable to be sued in any civil court in respect of any lawful or authorised act done in the execution of any such order or warrant. [subsection (3) deleted by section 32 of Act 8 of 2020 ]

Section Certain Acts of the United Kingdom to continue to apply Section The provisions of the Acts of the Parliament of the United Kingdom specified in Part I of the First Schedule to this Act as amended prior to the 11th August, 1902, shall continue to apply to and have effect within Uganda subject to the adaptations and modifications set out in Part II of that Schedule. The provisions of the Statute of the Parliament of the United Kingdom specified in Part I of Second Schedule to this Act shall apply to the High Court subject to modifications and adaptations set out in Part II of that Schedule.

Section Savings Section Without prejudice to the general application of section 12 of the Interpretation Act, notwithstanding the repeal of the Judicature Act, 1967— until rules of court are made by the Rules Committee to regulate the practice and procedure of the Supreme Court, any rules of court applicable to the former Supreme Court immediately before the coming into force of the Constitution shall apply to the Supreme Court subject to such modifications as the Chief Justice may direct in writing; subject to rules of court made under this Act, any rules of court applicable to the former Supreme Court immediately before the coming into force of the Constitution shall apply to the Court of Appeal with such modifications as the Chief Justice may direct in writing; subject to rules of court made under this Act, any rules of court applicable to the High Court immediately before the coming into force of the Constitution in the exercise of its jurisdiction as a constitutional court shall apply to the constitutional court subject to such modifications as the Chief Justice may direct in writing; subject to rules of court made under this Act, any rules of court applicable to the High Cour...