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1. Course Description

This course introduces the student to the general appreciation of law as a discipline and as a
[Link] topic is broadly designed to introduce ‘law’ to students with no prior background in
the field, and to give students knowledge and understanding of the principles upon which the
Ugandan legal system is based.

2. Course Objectives

By the end of this course the student should:

1. Be able to appreciate the meaning and function of law in society.

2. Different classes of law
3. Demonstrate an understanding of and effectively read cases
4. Understand the hierachy of courts in uganda.
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INTRODUCTION

Law may be defined as a frame work of rules made and standards prescribed by those in authority, backed
with enforcement mechanisms and intended to govern and enhance peaceful co-existence among
members of a given state or community.

It is important for all people to acquire knowledge of the law because every human activity or relationship is
governed by law, which law prescribes the rights and obligations of people.

The rules and standards, which constitute law, may originate from Acts of Parliament or Customs and
usage, among other sources. They are primarily enforced by the State or other authority, through Courts of
law or other Institutions. Enforcement takes the form of punishment in criminal matters and compensation
called damages in civil matters.

Criminal Law governs/regulates the relationship between the State and individuals. This branch of the law
creates crimes such as murder, theft, rape, assault, etc and they are primarily provided for under the Penal
Code although they may be prescribed in other laws such as the Traffic and Road Safety Act.
Crime is a public wrong and if one commits a crime, he commits it against the state and the state through
court, intervenes to punish the offender.

Civil Law, on the other hand governs/regulates the relationship between persons. For example where one
causes an accident, due to reckless driving and which results into death of another, this is a civil wrong
called “negligence” under the law of tort. Besides the law of Tort, other Civil laws include the law of
Contract, which is divided into several other specific laws such as the law of Sale of Goods, Agency,
Insurance, Banking etc.

Note: Law ought to be distinguished from morality. As such, there are legal wrongs, which are enforceable
in Courts of law, as well as moral wrongs, which cannot be entertained in Courts of law. For example, non-
attendance of burial of a relative or neighbor; it is society that construes such acts as wrongs.

FACILITIES FOR LEARNING THE LAW

1. Statutory materials, that is, Acts of Parliament;
2. Case materials i.e. cases /Case Law;
3. Common Law;
4. Equity

The sources of case materials include;

i. Law Reports

These are a compilations of cases and judgments from court records e.g. Uganda Law Reports (ULR) High
Court Bulletin (HCB), High Court Digest for Tanzania (H.C.D), Kampala Law Reports (KALR), Kenya Law
Reports (KLR), All England Law Reports (ALL E.R), East African Law Reports (EALR), East African Court
of Appeal Cases (EACA), Appeal Cases (A.C), Queens Bench (Q.B), King’s Bench (KB), e.t.c.

ii. Case Books

These are collections of decisions of courts on certain subjects e.g. cases and materials on contract.
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READING CASES

What is a case?
This is what results when two or more people are in disagreement over a particular matter and the matter is
referred to Court for decision.

A case may be civil , criminal, or constitutional.

A civil case is where the parties involved are private individuals e.g. Byaruhanga V Baker. The person
who institutes the case in Court is called the Plaintiff (instituting a case in court is called suing), while the
Defendant is the person against whom the case is instituted.

A criminal case is one that arises where someone commits a crime. It is said that a crime is a public
wrong and therefore, the State takes up the responsibility of taking such person to court. This is called
prosecuting a person accused of committing a crime. The parties involved are the State and the accused
(this is the person against whom a complaint is made); e.g. Uganda V Kato. Note that the person against
whom the crime is committed is the complainant and a principal witness for the State but does not
prosecute the case. The accused is taken to court and when he is found guilty of the crime, he is convicted
and upon conviction he becomes a “convict “ (See Constitution Art. 28; presumption of innocence).

Note that the State may also be involved in a civil case. This may arise from a principle of law called
vicarious liability where by the State is held liable for the acts of its servants/employees or where the State
indulges in private transactions, such as contract, with private individuals.

How to read a case:

1) Citation: This means the location of a case. It comprises; the parties, the law report where the case
is reported, the volume in which it is recorded and the page e.g. Kayongo Vs Mukasa (1999) HCB 40

2) Material facts; This consists of the set of facts explaining what happened between the parties that
led them to go to Court.

3) The court that decided the matter was it the L.C. Court, Magistrates Courts, High Court, Court of
Appeal or Supreme Court.

4) The Issue(s), which is the matter in controversy; the point of disagreement between the parties that calls
for the determination of the court e.g. whether or not there was a valid contract between the parties.

5) The decision of Court, which is called the holding.

CLASSIFICATION OF LAW

Law can be divided into various classes. Public and Private Law, International and Municipal Law, e.t.c.

1. (a) Public Law

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This is a branch of the law that governs the relationship between the state and the citizens. The State has
an interest in this branch of the law. It includes; Criminal Law, Constitutional Law, Administrative Law e.t.c.

(b) Private Law

This branch of the law regulates the relationship between citizens. It covers instances where citizens have
dealings between themselves and it includes Contract Law, the Law of Succession, Land Law e.t.c. This
law primarily sets out, the rights and duties of individuals towards each other.

2. (a ) International Law
This is that part of the law which governs international relations. It regulates the relationship between
sovereign states. It includes Treaties, Conventions, Charters, Pacts e.t.c

(b) Municipal Law

This is basically domestic law. It is the law of the land (the laws made in the country). It is the law made by
the parliament of a given country.

3. (a) Procedural Law

This law lays down the procedure to be followed in enforcing rights and obligations. It includes among
others, the Civil Procedure Act (CPA), the Criminal Procedure Code (CPC), the Magistrates Courts Act
(MCA) , the Government Proceedings Act ,e.t.c.

(b) Substantive Law:

This law lays down the rights and obligations of the different people. It also sets out what may or may
not be done. It may be civil or criminal.

Criminal substantive law in Uganda includes; The Penal Code Act, The Traffic and Road Safety Act etc

Civil Substantive Law includes: The Land Act, 1998, The Companies Act 2012, The Contract Acts e.t.c.

PURPOSE OF LAW

1. To regulate the behavior of people.

2. To ensure that peoples` rights are protected.
3. To prescribe the procedure to be followed by individuals when transacting with one another.
4. To maintain political, economic and public order.
5. To give the State control over the People or certain activities, e.g. the law of taxation.

SOURCES OF THE LAW

Sources of the Law are provided for under the Judicature Statute, 1996 S.16 and they include;
[Link] Constitution of the Republic of Uganda 1995.
2. Acts of parliament /Legislation.
3. Principles of common law and equity.
4. Case Law
5. Customary Law

A. The Constitution of the Republic of Uganda

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This is a single document, which defines the composition and powers of different organs of the state as well
as their relationship with each other and with the citizens.

Uganda has a written constitution. It is the Supreme Law of the Land and this is referred to as
Constitutional supremacy. If any other law is in conflict with the constitution, the constitution prevails and
that other law will be void to the extent of its contradiction with the constitution.

Uganda has had 3 constitutions; the first was enacted in 1962, the second in 1967, which replaced the
former one and the current constitution of the country was enacted in 1995 and it replaced all the past
constitutions.

A constitution is amended by Acts of Parliament e.g. the Constitution Amendment Act of 2000.

B. Legislation;
These are laws that are enacted and they are called legislation because they are made by the legislature,
which is the law making body. In the case of Uganda, Parliament is the Legislature/ Law-making body.

Legislation is classified into direct/ principal legislation and indirect/ delegated /subsidiary legislation (see
Art. 79 of the Constitution, which gives powers to Parliament to make Laws on any matter, for the peace,
order, development and good governance of Uganda. Only Parliament has the power to make Law, except
where any other person or body has been conferred with powers by the Constitution or an Act of
Parliament.)

(a) Direct Legislation:

These are laws, which are discussed and passed by parliament, for example the Land Act 1998, among
many others. Direct Legislation constitutes the Acts of Parliament.

(b) Indirect Legislation:

These are laws enacted by bodies or authorities other than parliament, in exercise of powers conferred on
such bodies or authorities by an Act of Parliament called the Parent Act or legislation. The Local
Government Act 1997 for example, confers powers upon local authorities to make by-laws. (Cf S. 39, which
gives power to the District Council to make Ordinances and S. 40 which gives powers to Lower Councils to
make Bye-laws.)

Examples of indirect legislation include; Statutory Instruments (S.I), Legal Notices, Ordinances, Byelaws
e.t.c. Indirect Legislation can also be referred to as Subordinate Legislation.

If Indirect/Subsidiary Legislation is properly made in accordance with the statute under which it is made,
such indirect legislation is as binding as direct legislation. (Cf Part IV of the 3 rd Schedule to the Local
Government’s Act.)

ENACTMENT OF LAWS (The Process of Legislation)

Ordinarily, there are always new matters arising in society, which need to be addressed where the law in
place does not provide for them. Such problems may require to be addressed either through a new law or
amendment of the old law. In such cases a new piece of legislation is found to be necessary. The minister
or authority responsible for the matter, which necessitates the law, drafts a bill.
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A Bill; E.g Land Bill

This is a draft of the proposed law; it remains a bill before and during the process of its debate by
parliament. It becomes law when it is passed by parliament and assented to by the President. It may be
public if it affects the general public or private if it affects a specific section of the community.
A bill goes through various stages before it becomes law.
1) First reading;
This is the first stage and at this point the bill is introduced to the House or Parliament.
2) Second Reading;
At this stage the relevant Minister (i.e. the one who made the bill) explains the purpose of the bill to the
House and he may raise the issues involved.
3) Committee Stage;
After the second reading, the bill is studied and scrutinized by the committee of the house or by small
committees. The purpose is to consider the details of every section and the legal implications of the bill.
4) Reporting stage;
Upon full examination and discussion, the bill, is reported back to the House. At this stage, the house is
given an opportunity to debate the bill and make amendments proposed by the committees, if any.
5) Third Reading;
This is the final stage where there is no more debating except for minor draft changes. It is at this stage that
parliament decides to pass the bill. A bill passed by Parliament does not become law until the President
signs it. Once the President gives his assent, the legislation becomes law and is entered in to the law
books of the country and becomes part of the law of the country.

Indirect Legislation

a) Statutory Instruments (S.I)

After principal legislation has been made the minister responsible may be given power under that law to
make legislation or rules there under and such rules / legislation is referred to as a Statutory Instrument.
Parliament may also pass Statutory Instruments.
b) Bye-Laws (By Laws)
Local authorities, public corporations and other administrative authorities make these laws. Bye- laws,
require the approval of the relevant Authority before courts can enforce them. Courts have power to
invalidate Statutory Instruments and byelaws which are improperly enacted or which are inconsistent with
the constitution or the parent law. The Court declares them null and void on the doctrine of Ultra Vires. The
Ultra Vires doctrine provides a useful means by which courts can control the powers of subordinate bodies
in exercise of legislative, administrative and judicial powers.

Reasons for delegated Legislation

Due to an increased need for social legislation, it becomes imperative for parliament to delegate its power
through giving authority to subordinate competent bodies or persons like ministers, Local Councils e.t.c as
these are in a better position to make laws on matters particularly affecting them.

The reasons for delegated legislation therefore include;

1) Insufficiency of time:
Parliament lacks the adequate time necessary to make laws concerning each and every matter that calls
for regulation by law. This problem calls for delegation of legislation powers to enable Parliament save time
and yet ensure that matters that call for legislation are addressed.
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2) Urgency of the subject matter;

The procedures of enacting laws as seen above is very lengthy and at times Parliament goes in recess yet
some matters arising may be so urgent that they cannot be post-poned till Parliament sits and enacts the
required law. For example, if an epidemic, which affects cattle, broke out in a district, the minister may pass
a bye- law or a Direction, which controls the movement of cattle (quarantine) without waiting for the next
sitting of parliament, which may be in recess at that particular time.

3) Technicality of the subject matter;

Some legislation may be too technical and requires expert knowledge which parliament may not possess.
Such a problem can be solved by delegating power to the relevant minister or the Chief Justice e.g. the
Law regulating information technology.

4) Parliamentary Inflexibility;
The procedures of parliament as discussed above must be followed every time a law is enacted. These
procedures are long and inflexible. There may however arise a situation which requires supervision of the
operation of a certain law or repeal or withdrawal. This can easily be effected by parliament delegating
some powers to repeal, amend or withdraw legislation to subordinate bodies or ministers.

CRITICISM OF INDIRECT LEGISLATION

Despite the above justification for delegated legislation, it has been criticized on the ground that it lacks
adequate publicity and as such, many people may not be aware of its existence even where it affects them.

Furthermore, ministers and other subordinate bodies upon whom legislation authority has been conferred
have on several occasions passed arbitrary laws to citizens and this is due to the inadequacy of control
over powers accorded to them.

More so, delegated legislation leads to duplication of legislation.

C) Common Law and Equity;

Common law refers to the law other than legislation and it originated from customs. It was developed and
administered by the judges of the Common Law Courts of England. Common Law is basically unwritten
and enforceable in Uganda.

Popularly, Equity refers to right doing, good faith, honesty and ethical dealing in transactions or
relationships between man and man. Biblically, it denotes doing to others what you would want them to do
unto you.

Principles of equity developed from Common Law. Equity acknowledges the existence of common Law
but supplements or modifies it. Equity evolved to moderate, reform and correct the rigours, harshness and
injustice caused due to strict application of Common Law, by providing equitable remedies, such as;

 Equitable relief against penalty, like in the case of default of terms of a hire purchase Agreement;
 Forfeiture for breach of conditions, which was common with regard to contracts relating to land,
such as occupation of a house, meant for residential purposes only;
 Equitable remedies where Common law remedies were inadequate, such as specific performance
of a contract, injunction to restrain the commission of a continuous trespass or other injury;
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 Creation of new procedures, such as administration of interrogatories where certain witnesses

could not be produced in court and discovery of documents.

Illustrating case: Berry –VS- Berry [1929] 2 K.B. 316; under a deed of separation, a husband
covenanted to pay to his wife an allowance. Later the parties concluded a written agreement reducing the
allowance. The agreement was not under seal as required by law. The wife sued the husband on the
original deed, claiming arrears of allowance. It was held that her action could not succeed because
although at Common Law a deed could only be varied by another deed, in equity, as simple contract
varying a deed was a good defense to any action, which is based on the deed.

Equity is based on a number of maxims, which include the following;

1. Equity won’t suffer a wrong to be without a remedy: This is said to be the underlying principle of
equitable jurisdiction. Thus Equity addressed situations where Common Law did not provide a remedy, or
failed to recognise a right.
Note however that there are instances where equity cannot provide a remedy, for example in contracts for
personal services

2. Where equities are equal, the first in time prevails: This deals with issues of priority where there are
two or more competing interests. The general rule is that equitable interests have priority according to the
order in which they were created. For example, where there are two unregistered proprietors
(purchasers/buyers) of land.

3. He who seeks Equity must do equity: This means that whoever seeks an equitable relief or remedy
must act fairly.
For example:
(i) If a mortgagor wants to exercise the equitable right of redemption, he must give reasonable
notice to the Mortgagee, of his intention to redeem his property.
(ii) Illegal loans/mortgages: cf Lodge –VS- National Union Investment Co. [1907] 1 Ch. 300 in
which A borrowed money from B, who was a moneylender and A mortgaged certain securities
to B. However, this contract was illegal and void for non-registration under the Money Lenders
Act, of 1900. A sue B to recover the securities. It was held that the order for delivery-
up/surrender of the securities could only be done if A was prepared to do equity by repaying
the loan to B.

4. He who comes to Equity must come with clean hands: This basically means that anyone claiming an
equitable relief over a particular matter should show that he has behaved honestly and fairly in regard to
the matter.
Note the distinction between the 4th Principle and the 3rd; whereas the 4th is concerned with conduct before
seeking the relief, the 3rd is concerned with future conduct.
Illustrating cases: In Gill –VS- Lewis [1956] 2 Q.B. 1, it was discussed that if a tenant has lost a lease
because of non-payment of rent, he won’t be able to obtain an equitable (of relief against forfeiture for non-
payment of rent), if he has been using the premises for immoral purposes.
Equity is the application of principles of natural justice and fairness in the determination of right or wrong
based on moral ground. Principles of equity do not constitute a separate legal system from common law but
actually developed from common law. Equity acknowledges the existence of common law but it
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supplements or modifies it. It evolved to moderate and reform the rigors and harshness of common law by
providing equitable remedies.

[Coatsworth –VS- Johnstone (1886) 54 L.T. 520; held that a tenant with an equitable interest under a
lease agreement could not obtain a Decree of specific performance of the lease because he was in breach
of the covenants under the lease.]

Loughan –VS- Loughran 292 us 216; an infant beneficiary falsely represented himself to be of majority
age, to Trustees of money, to which the infant was entitled. As a result, the Trustees of money paid him off.
He was not entitled to this money until he had reached the age of majority age. Subsequently, when he
became of age, he sued the Trustees for the same amount of money. It was held that neither him nor his
assigns could recover the money again.

5. Delay defeats Equity (The doctrine of laches): An equitable relief won’t be given if the applicant has
unduly delayed in bringing an action for relief.

Illustrating case: Ephraim –VS- Asuquo-; the plaintiff applied to have a grant of letters of administration
set aside. It was held that since 2 years had passed since the grant and the Administrator had performed
probably completed the administration of the estate, the doctrine of laches applied and the plaintiff’s claim
could not succeed.
Note: This doctrine does not apply to situations, which are regulated, by the Statute of Limitation or other
limitation provision under any other law. For example, S. 4 of the Limitation Act, Cap 70, which provides
that actions founded on contract or tort, shall not be brought after the expiration of 6 years; and S. 6
provides for 12 years for actions to recover land.

6. Equity looks at the substance rather than the form: This equitable remedy has been enshrined in the
Constitution, Art. 126 (2) (e), which provides that courts shall administer substantive justice without undue
regard to technicalities.
Illustration: the issue of redemption of a mortgage. At Common Law, if the Mortgagor failed to repay a
loan, on the date fixed by the mortgage agreement, he lost the right to redeem the property. However,
equity provides that a mortgage is a mere security and the date for repayment a mere formality.
Consequently, a Mortgagor can redeem the property even after the redemption date has passed.

D) Customary Law;
This is the law, which governs the behavior and conduct of people of any one given community and has
developed through common practice and usage for a period of time. It is unwritten but known to the people
of the community to which it applies.

Customary law is concerned with collective justice and exists for the good of the community to which it
relates, to enhance social equilibrium.

Customary law is applicable in Uganda wherever there is no written law and common law principle that are
applicable. It should however be noted that it is not every custom which qualifies as Customary law, but
only those that satisfy the following requirements:
(i) It must be widely recognised by a given community
(ii) It must be immemorial (i.e. having existed for a long period) and it must have been continuous
in existence during the immemorial period.
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(iii) It must be consistent with natural justice and morality

(iv) It must be consistent with the Constitution and other written Law. Cf Art. 2 (2); if any law or
custom is inconsistent with the provisions of the Constitution, the constitution shall prevail and
that law or custom shall be void to the extent of the inconsistence. Art. 33 (6); Laws, cultures
or traditions which are against the dignity, welfare or interest of women or which undermine
their status are prohibited by this Constitution.

E) CASE LAW (JUDICIAL PRECEDENT)

This is Judge-made law. A precedent means any pattern upon which future conduct may be based. Case
law evolved from the Common law doctrine of precedent, which is to the effect that each Court in the
judicial hierarchy is bound by the Principles established by prior decisions of Courts above it in the
hierarchy.

In deciding disputes, judges or magistrates of inferior courts are bound to follow the decision of higher
courts. This doctrine of precedence only applies where cases involved were of similar facts and the same
points of law/issues are brought before the lower Court for decision.

Note the following:

(i) Only decisions of courts of record are binding, i.e. the Supreme Court, Court of Appeal and
High Court. (Cf. Art. 129 (2) of the Constitution – The Supreme Court, the Court of Appeal
and the High Court shall be superior courts of record and shall each have all the powers of
such a court.)
(ii) It is not the entire judgment that forms a binding precedent but only that part of it, which sets
out the relevant principle or the gist of the case. This is technically referred to as the “ratio
decidendi”, which also contains the reason behind the decision. The rest of the judgment may
not necessarily be binding. At times judges make statements which are not strictly relevant to
the final judgement and such remarks are called “obiter dicta” – this means a mere saying, a
by-the-way, a chance remark, which is not binding upon future courts, though it may be
respected, depending on the reputation of the judge (e.g. Lord Denning), the eminence of the
court and the circumstances in which it came to be pronounced.
(iii) In courts where there are more than one Judge (i.e. the Supreme Court and Court of Appeal),
the Judges may concur or differ in their judgments. The majority decision is what forms the
court decision, while the differing judge’s decision is referred to as the dissenting decision.

Types of Precedent:
1. Declaratory precedent: this declares the state of the law where it is uncertain, as result of which an
application is made to Court for a declaration of Court on the status of the law. (Cf the Referendum Act
passed without quorum.)

2. Authoritative/binding precedent, which is one, set by a Superior Court, laying down a principle of law
to be followed by lower Courts within the same jurisdiction.

3. Persuasive precedent: This involves decisions from other common law Countries or those of courts of
the same or lower rank.
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4. Original Precedent: which involves a principle set for the 1 st time. (Cf. the case of U.g –VS-
Wagumbulizi where an original precedent was set that heat of passion due to witchcraft amounts to
provocation & Donogue –VS- Steveson.)

Importance of the doctrine of precedent:

1. It creates certainty, continuity and consistence; i.e. each time a similar situation arises for decision
before a Judge of a lower Court, the Judge need not speculate as to the position of the law. Reference is
made to the previously decided case.

2. Detail: precedents are rich in detail. The Judges normally give a detailed reasoning for their decision
unlike a mere section of the law, which does not state the rationale for any particular provision. This is
helpful in legal research.

3. Precedents offer guidance where the law is lacking or where it is not clear on a particular matter. This is
because case law is developed from practical problems and as a result it keeps pace with the changing
needs of society.

Critique of the doctrine of precedent/Case law

Case law has been criticized for being rigid and it promotes conservatism in the profession.

It also deprives lower courts or limits their freedom to initiate original reasoning in the process of
administration of justice.

6. PUBLIC INTERNATIONAL LAW (THE LAW OF NATIONS)

This is a body of Principles, Rules and Customs recognized as binding by members of the International
Community, i.e. States and certain International Organs in their mutual relationships E.g. the principle of
State sovereignty which involves among other things, non-violation of territorial integrity and non-
interference in domestic matters.

Unlike domestic Law, there are no body-making Organs but the Principles, Customs or Rules of practice
are provided for in Conventions and Treaties (International Agreements), the signing of which makes them
applicable in the State of the signatories to the particular Convention. (Cf. Art. 123 which confers powers
upon the President or a person authorized by the President to make Treaties, conventions or Agreements
between Uganda and another Country or international Organisation/Body. Parliament must however ratify
(confirm) the Agreement.) A State may become a signatory in total or partially where it expresses certain
reservations.

COURTS AND THE COURT SYSTEM IN UGANDA

Courts fall under the judiciary, which is one of the arms of the state. They are government organs, which
are charged with the administration of justice.
Courts are presided over by Judges, Magistrates, and L.C. Chairpersons in the case of L.C. courts. Courts
administer justice with the aid of police, lawyers and the society at large through giving evidence. The
following are the Courts of law in Uganda:
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1) The Supreme Court of Uganda (Cf. S.5, Judicature Statute & Arts 130 - 133)

Until October 1977, the Court of Appeal of East Africa was the final appellate court in Uganda’s judicial
system as well as that of Kenya and Tanzania. However, on the disintegration of the East African
Community the East Africa Court of Appeal broke up and this gave rise to three individual Courts of Appeal.
In the case of Uganda, the Court of Appeal was renamed the Supreme Court by the 1996 Judicature
Statute and the 1995 Constitution.

The Supreme Court is the Highest Court of the land and basically has only appellate jurisdiction. It
entertains appeals from the Court of Appeal of Uganda and from the Constitutional Court. But it has
Unlimited Civil, Criminal and territorial Jurisdiction.

The Supreme Court is the highest Court in the land and it has only appellate jurisdiction; it does not have
original jurisdiction except in the case of Presidential Election Petitions.

It is comprised of the Chief Justice (C.J) and other justices of the Supreme Court who must not be less than
five (5) while hearing / entertaining an appeal. The President, in consultation with the Judicial Service
Commission, appoints the chief Justice and other judges. He is the head of the judiciary. The Deputy Chief
Justice who heads the Court of Appeal deputizes the Chief Justice.

The Supreme Court has powers to uphold decisions from the lower courts, reverse them and to substitute
judgments or to order for a fresh trial.

The procedure, powers and jurisdictions of the Supreme Court are regulated by the Supreme Court Rules,
1996.

2) The Court of Appeal of Uganda;

This is the second highest court in the land. While presiding over matters, it is duly constituted when it
consists of an odd number not less than 3 justices of the Court of Appeal. It is this court, which constitutes
itself into a Constitutional Court in accordance with the constitution, to hear Constitutional Cases.

The Constitutional Court consists of five justices and handles all matters, issues or cases concerning the
interpretation of the [Link] Court of Appeal has appellate jurisdiction. It handles appeals from the
High Court of Uganda.

It only has original jurisdiction when sitting as a Constitutional Court. Otherwise, it has unlimited Civil,
Criminal, Territorial and Constitutional jurisdiction in such matters. The Court of Appeal Rules, 1996,
governs its procedure and powers.

3) The High Court of Uganda

It is the third highest in the hierarchy. It has unlimited original, civil, criminal and territorial jurisdiction. It
means that it can try any case from Uganda, of any value of the subject matter or any crime committed and
can impose any penalty conferred by law. It even has power to do anything or issue any order to further
justice by virtue of S. 101 of the Civil Procedure Act.
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The judges of the High Court and all the above courts enjoy security of tenure and cannot easily be
removed. The High Court is presided over by one Judge but in criminal cases they sit with assessors.

The High Court also has supervisory jurisdiction over all subordinate courts and over all administrative
bodies. It exercises this kind of jurisdiction by giving prerogative orders, which include the following:

1. Habeas Corpus
This is a prerogative remedy, which is available from the High Court, and it is directed against persons or
Institutions, which are alleged to be detaining a particular person in a manner that is contrary to the
established law.
The Constitution protects all persons from any form of illegal detention. The circumstances for lawful
detention are specified under the law, i.e. in gazetted areas and for a maximum of 48 hours (Cf. Art. 23 (2)
& (4)). Therefore Public Authorities which abuse their powers by engaging in unlawful detention of citizens
can, be subjected to habeas corpus proceedings and a purpose of the writ of habeas corpus is to command
the detaining authority to appear before Court and present the alleged victim with a view of establishing
reasons for the continued detention of such victim. (Cf cases of people detained in “safe houses”.)

2 Mandamus
This is an order issued to any person or body of persons directing them to carry out a public duty according
to the law.

3. Prohibition
This is an order issued to an inferior Court, tribunal or a public body or person, prohibiting the doing of a
certain thing either without power or in excess of its power or jurisdiction or where the rules of natural
justice have been infringed.

Prohibition is usually called for in situations where the alleged Act of a Public authority is likely to lead to
either loss or damage or other inconvenience to the aggrieved party. The order is therefore meant to
minimize the consequences of an act alleged to be illegal. (E.g. awarding of tenders by local authority,
contrary to established procedure.)

4. Certiorari
This is an order directed to inferior courts, tribunals or administrative bodies exercising judicial functions, to
have the record of the proceedings presented to the High Court for scrutiny. An order of Certiorari may
squash the decision or correct errors found in the lower courts judgment.
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Note that the High Court also has powers to give prerogative remedies such as specific performance,
injunctions and relief against forfeiture for non-payment of rent.

The High Court also sits as the Commercial Court, in the High Court Commercial Division.
The establishment of the High Court Commercial division was meant to bring about expeditious settlement
of commercial disputes and to bring about business efficiency.

4) Chief Magistrates’ Court;

The Magistrates Courts Act, Cap 16, establishes Magistrates’ Courts. A Chief Magistrates’ Court is
presided over by a Chief Magistrate who possesses a law Degree. This court may try all offences except
those whose maximum penalty is death. Thus they have limited original criminal jurisdiction. In Civil
Cases, they also have limited original jurisdiction for they can only try civil cases whose value does not
exceed 50 million.
This court has supervisory powers over all magistrates’ courts of the lower levels.

5) Magistrate Court Grade I

This court is presided over by Grade I magistrates who must also be qualified lawyers. They are ordinarily
situated at District Headquarters. Their criminal jurisdiction is limited to offences whose maximum penalty
is not death or life imprisonment. Their civil jurisdiction is limited is limited to cases whose values of
subject matter does not exceed 20 million.

Local Council Courts: LCIII, LCII, LCI

Outside the mainstream court structure, there are specialized courts with specific powers. These are:
1) The Industrial Court;
This court is established by the Trade Disputes (Arbitration and Settlement) Act Cap 224. Its main objective
is to determine trade disputes between employers and employees. It is presided over by a judge appointed
by the president in consultation with the Judicial Service Commission.

2) The Court Martial;

These are military courts established to try offences under the military law. It s jurisdiction is penal and
disciplinary in nature. See UPDF Act, Cap 307.
3) Human Rights Court;
Its jurisdiction is limited to activities, which are done in violation of human rights. It has powers to make
orders for compensation to the person whose rights are proved to have been violated. It should be noted
that there are a number of other avenues for settling disputes e.g. Tribunals such as the Tax appeals
Tribunal, Land Tribunals e.t.c. But the High Court has appellate and supervisory jurisdiction from most of
them
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