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JUDICATURE ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
GENERAL.

   1.   Interpretation.

   2.   Order of precedence of judges.

PART II
THE SUPREME COURT OF UGANDA.

   3.   Supreme Court of Uganda.

   4.   Jurisdiction of the Supreme Court.

   5.   Appeals to the Supreme Court in criminal matters.

   6.   Appeals to the Supreme Court in civil matters.

   7.   Supreme Court to have powers of the court of original jurisdiction.

   8.   Powers of a single justice of the Supreme Court.

PART III
THE COURT OF APPEAL OF UGANDA.

   9.   Court of Appeal of Uganda.

   10.   Jurisdiction of the Court of Appeal.

   11.   Court of Appeal to have powers of the court of original jurisdiction.

   12.   Powers of a single justice of the Court of Appeal.

PART IV
THE HIGH COURT OF UGANDA.

   13.   High Court of Uganda.

   14.   Jurisdiction of the High Court.

   15.   Customary law.

   16.   Appellate jurisdiction of the High Court.

   17.   Supervision of magistrates courts.

Sittings, circuits, etc. of the High Court.

   18.   Continuous sitting of the High Court.

   19.   High Court circuits.

   20.   Distribution of business in the High Court.

   21.   Sittings in court or in chambers.

PART V
PROVISIONS RELATING TO CERTAIN TRIALS.

   22.   Trial of admiralty offences.

   23.   Death following injuries inflicted at sea.

   24.   Proctor for the State.

   25.   Relief from reentry or forfeiture for nonpayment of rent.

Inquiries and trials by referees, etc. and arbitrators.

   26.   References to referees.

   27.   Trial by referee or arbitrator.

   28.   Powers of referees and arbitrators.

   29.   Statement of case pending arbitration.

   30.   Power of the court to impose terms as to costs.

   31.   Remuneration of referees and arbitrators.

   32.   Savings for the Government.

PART VI
REMEDIES.

   33.   General provisions as to remedies.

   34.   Prerogative writ of habeas corpus.

   35.   Appeal for habeas corpus.

   36.   Judicial review.

   37.   Mandamus, etc. by interlocutory order.

   38.   Injunctions.

PART VII
PRACTICE AND PROCEDURE OF COURTS.

   39.   Practice and procedure.

   40.   Rules Committee.

   41.   Functions of the Rules Committee.

   42.   Chief Justice to make rules of court relating to prerogative orders.

PART VIII
MISCELLANEOUS.

   43.   Officers of courts.

   44.   Seals of the Supreme Court, Court of Appeal and High Court.

   45.   Process and execution.

   46.   Protection of judicial officers.

   47.   Certain Acts of the United Kingdom to continue to apply.

   48.   Savings.

 

      First Schedule   Certain Acts of the United Kingdom to continue to apply.

      Second Schedule   Adaptation of United Kingdom Statute in application to Uganda.

 

CHAPTER 13
JUDICATURE ACT.

Commencement: 17 May, 1996.

   An Act to consolidate and revise the Judicature Act to take account of the provisions of the Constitution relating to the judiciary.

 

PART I
GENERAL.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "applied law" means the United Kingdom Acts the application of which is continued by section 47;

   (b)   "Parliament" has the meaning assigned to it in the Constitution;

   (c)   "rules of court" means rules of court made or continued in force under this Act.

 

2.   Order of precedence of judges.

   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—

   (a)   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;

   (b)   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;

   (c)   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;

   (d)   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 subscribed the judicial oath as judges of the High Court;

   (e)   where in accordance with paragraph (b), (c) or (d) of this section there is equality of precedence in respect of two or more judges, precedence among them shall be determined according to age, a person higher in age taking precedence over a person lower in age.

 

PART II
THE SUPREME COURT OF UGANDA.

 

3.   Supreme Court of Uganda.

   The Supreme Court shall consist of—

   (a)   the Chief Justice; and

   (b)   ten justices of the Supreme Court.

 

4.   Jurisdiction of the Supreme Court.

   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.

 

5.   Appeals to the Supreme Court in criminal matters.

   (1) 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—

   (a)   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;

   (b)   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;

   (c)   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;

   (d)   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.

   (2) Subsection (1) shall apply with necessary modifications to an appeal to the Supreme Court from a conviction and sentence or acquittal in the case of an offence not punishable by a sentence of death, in respect of convictions and acquittals by the High Court and the Court of Appeal; except that in any such case, an appeal shall lie on a matter of law only.

   (3) In the case of an appeal against a sentence and an order other than one fixed by law, the accused person may appeal to the Supreme Court against the sentence or order, on a matter of law, not including the severity of the sentence.

   (4) Where the Supreme Court varies a conviction, by reducing the offence to a lesser offence, thereby necessitating a variation of sentence or any order, including the imposition of a statutory order, the Supreme Court shall impose such term of imprisonment or fine or both and make any such order as is prescribed by law.

   (5) Where the appeal emanates from a judgment of the chief magistrate or a magistrate grade I in the exercise of his or her original jurisdiction, and either the accused person or the Director of Public Prosecutions has appealed to the High Court and the Court of Appeal, the accused or the Director of Public Prosecutions may lodge a third appeal to the Supreme Court, with the certificate of the Court of Appeal that the matter raises a question of law of great public or general importance or if the Supreme Court, in its overall duty to see that justice is done, considers that the appeal should be heard, except that in such a third appeal by the Director of Public Prosecutions, the Supreme Court shall only give a declaratory judgment.

   (6) Where a person under the age of 18 years is subject to the order of the Minister, having been found guilty of an offence punishable by a sentence of death, and the Court of Appeal has confirmed that order, that person may appeal as of right to the Supreme Court on a matter of law.

   (7) If the Court of Appeal has acquitted the person referred to in subsection (6), there shall be no further appeal.

   (8) No appeal shall be allowed in the case of any person who has pleaded guilty in his or her trial by the High Court, the chief magistrate or a magistrate grade I and has been convicted on the plea, except as to the legality of the plea or to the extent or legality of the sentence.

   (9) Subject to this section, the Supreme Court may, in an appeal under this section confirm, vary or reverse the conviction and sentence appealed against or confirm or reverse the acquittal of the accused person.

   (10) A declaratory judgment under this section shall not operate to reverse any acquittal but shall thereafter be binding upon all courts subordinate to the Supreme Court in the same manner as an ordinary judgment of that court.

   (11) Section 132(4) and (5) of the Trial on Indictments Act shall, with necessary modifications, apply to the Supreme Court.

 

6.   Appeals to the Supreme Court in civil matters.

   (1) 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.

   (2) 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. <RD:"

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