Judicature Act [Cap. 16.

485

CHAPTER16

THE JUDICATURE

ACT Arrangement of

Section Sections

1. Interpretation PART I-GENERAL

2. Order of precedence ofjudges

PART II-SUPREME COURT OF UGANDA

3. Supreme Court of Uganda

4. Jurisdiction of Supreme Court
5. Appeals to Supreme Court in criminal matters
6. Appeals to Supreme Court in civil matters
7. Supreme Court to have powers of court of original jurisdiction
8. Powers of single justice of Supreme Court

PART III-COURT OF APPEAL OF UGANDA

9. Court of Appeal of Uganda

10. Jurisdiction of Court of Appeal
11. Court of Appeal to have powers of court of original jurisdiction
12. Powers of single justice of Court of Appeal

PART IV-HIGH COURT OF UGANDA

13. High Court of Uganda

14. Jurisdiction of High Court
15. Customary law
16. Appellate jurisdiction of the High Court
17. Supervision of magistrates courts

Sittings, circuits, etc. ofHigh Court

18. Continuous sitting of High Court

486 Cap. 16.) Judicature Act

19. High Court circuits

20. Distribution ofbusiness in High Court
21. Sittings in court or in chambers

PART V-PROVISIONS RELATING TO CERTAIN TRIALS

22. Trial ofadmiralty offences

23. Death following injuries inflicted at sea
24. Proctor for State

25. Relieffrom re-entry or forfeiture for non-payment ofrent

Inquiries and trials by referees, etc. and arbitrators

26. References to referees

27. Trial by referee or arbitrator
28. Powers ofreferees and arbitrators
29. Statement ofcase pending arbitration
30. Power ofcourt to impose terms as to costs
31. Remuneration ofreferees and arbitrators
32. Application ofAct to Government
PART VI-PROVISIONS RELATING TO LIFE IMPRISONMENT
AND SENTENCE OF DEATH

33. Treatment oflife imprisonment or imprisonment for life in any

enactment
34. Imposing a sentence ofdeath
35. Confirmation ofa sentence ofdeath
36. Commuting ofsentences ofdeath

PART VII-REMEDIES

37. General provisions as to remedies

38. Prerogative writ ofhabeas corpus
39. Appeal for habeas corpus
40. Judicial review
41. Mandamus, etc. by interlocutory order
42. Injunctions
Judicature Act [Cap. 16. 487

PART VIII-PRACTICE AND PROCEDURE OF COURTS

43. Practice and procedure

44. Rules Committee
45. Functions of Rules Committee
46. Chief Justice to make rules of court relating to prerogative orders
47. Chief Justice to issue sentencing guidelines

PART IX-MISCELLANEOUS

48. Officers of courts

49. Seals of Supreme Court, Court of Appeal and High Court
50. Process and execution
51. Protection ofjudicial officers
52. Certain Acts of the United Kingdom to continue to apply

SCHEDULES

Schedule 1 Certain Acts of the United Kingdom to

Continue to Apply

Schedule 2 Adaptation of United King dom

Statute in Application to Uganda
 488 Cap. 16.] Judicature Act

CHAPTER16

THE JUDICATURE AC T

Commencement: 17 May, 1996

An Act to give effect to the provisions of the Constitution relating to the

judiciary; to provide for judicial review and for related matters.

PART I-GENERAL

1. Interpretation

In this Act, unless the context otherwise requires-

"applie d law" me ans the Unite d Kingdom Acts, the application of
which is continued by section 52;
"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.

Order of precedence of ju
dges

(a) the Chief Justice shall take precedence ove r 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 justice s of the Supre me 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 justice s of the Court of Appe al 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;

2.
Judicature Act [Cap. 16. 489

(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-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 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 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;
490 Cap. 16.] Judicature Act

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 ofthe chiefmagistrate

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 eighteen 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.
Judicature Act [Cap. 16. 491

(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 130(4) and (5) of the Trial on Indictments Act shall, with
necessary modifications, apply to the Supreme Court.

6. Appeals to 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.

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

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.
492 Cap. 16.] Judicature Act

8. Powers of single justice of Supreme Court

(1) 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.

(2) 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.

PART Ill-COURT OF APPEAL OF UGANDA

9. Court of Appeal of Uganda

The Court of Appeal of Uganda shall consist of­

(a) the Deputy Chief Justice; and
(b) thirty four Justices of the Court of Appeal.

10. Jurisdiction of Court of Appeal

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.

11. Court ofAppeal to have powers of court of original jurisdiction

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.

12. Powers of single justice of Court of Appeal

(1) 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.

(2) 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
Judicature Act [Cap. 16. 493

be entitled to have the matter determined by a bench of three justices of

the Court ofAppeal which may confirm, vary or reverse the decision.

PART IV-HIGH COURT OF UGANDA

13. High Court of Uganda

The High Court ofUganda shall consist of­

(a) the Principal Judge; and
(b) twenty-five judges of the High Court or such higher number of
judges ofthe High Court as may be prescribed by Parliament by
resolution.

14. Jurisdiction of High Court

(1) 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.

(2) Subject to the Constitution and this Act, the jurisdiction of the
High Court shall be exercised-
(a) in conformity with the written law, including any law in force
immediately before the commencement ofthis Act;
(b) subject to any written law and insofar as the written law does not
extend or apply, in conformity with-
(i) the common law and the doctrines ofequity;
(ii) any established and current custom or usage; and
(iii) the powers vested in, and the procedure and practice
observed by, the High Court immediately before the
commencement ofthis Act insofar as any such jurisdiction
is consistent with the provisions ofthis Act; and
(c) 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.

(3) 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, and subject to such qualifications as circumstances may
render necessary.
494 Cap. 16.] Judicature Act

(4) Subject to subsection (2), in every cause or matter before the High
Court, the rules ofequity and the rules ofcommon law shall be administered
concurrently; and ifthere is a conflict or variance between the rules ofequity
and the rules ofcommon law with reference to the same subject, the rules of
equity shall prevail.

(5) For the purposes of this section, the expressions "common law"
and "doctrines of equity" mean those parts of the law of Uganda, other
than the written law, the applied law or the customary law, observed and
administered by the High Court as the common law and the doctrines of
equity respectively.

15. Customary law

(1) 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.

(2) No party to a suit shall be entitled to claim the benefit of any

custom ifit appears from express contract or from the nature ofthe 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 customary law.

16. Appellate jurisdiction of High Court

(1) 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.

(2) The High Court shall determine any questions oflaw referred to
it by way ofcase stated by a magistrate in accordance with any enactment.

17. Supervision of magistrates courts

(1) The High Court shall exercise general powers of supervision

over magistrates courts.
Judicature Act [Cap. 16. 495

(2) With regard to its own procedures and those of the magistrates
courts, the High Court shall exercise its inherent powers-
(a) to prevent abuse of process of the court by curtailing delays in
trials and delivery of judgment, including the power to limit and
discontinue delayed prosecutions;
(b) to make orders for expeditious trials; and
(c) to ensure that substantive justic e shall be administered without
undue regard to technicalities.

Sittings, circuits, etc. ofHigh Court

18. Continuous sitting of High Court

Subject to Article 138(2) of the Constitution and this Act and to rules of
court, such number of judges of the High Court as may be requisite having
regard to the business to be disposed of, shall, so far as is reasonably
practicable and subject to vacations, sit continuously for the trial of civil and
criminal causes.
19. High Court circuits

(1) The High Court shall hold sessions in various areas of Uganda
to be designated High Court circuits for the trial of civil and criminal causes
and for the disposal of other legal business pending at such time and place
as the Chief Justice may, in consultation with the Principal Judge, appoint.

(2) For the purposes of this sec tion, the Chief Justic e may, by
statutory instrument, declare any area to be a High Court circuit.

20. Distribution of business in High Court

(1) Subjec t to Article 141 of the Constitution, the Principal Judge

may determine the distribution of business before the High Court among the
judges and may assign any judicial duty to any judge and shall, in doing so,
take into account Article 28 of the Constitution.

(2) Subject to any written law, every proceeding in the High Court
shall, so far as is practicable and convenient, be heard and disposed of by a
single judge; and proceedings in any action subsequent to the final judgment
or order shall, so far as is practicable and convenient, be taken before the
judge before whom the trial or hearing took place.
496 Cap. 16.] Judicature Act

21. Sittings in court or in chambers

(1) A judge may, subject to the provisions of any written law, exercise
in court or in chambers any part of the jurisdiction vested in the High Court in
any cause or matter.

(2) Subject to this Act, with respect to appeals in matters of practice

and procedure, every order made by a judge in chambers, other than an order
relating to costs, may, upon notice, be set aside or discharged by the judge
sitting in court.

PART V-PROVISIONS RELATING TO CERTAIN TRIALS

22. Trial of admiralty offences

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, try ing 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.

23. Death following injuries inflicted at sea

(1) 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.

(2) 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).

24. Proctor for State

(1) Where a petition for nullity of marriage or divorce has been filed
in the High Court-
Judicature Act [Cap. 16. 497

(a) 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; and
(b) any person may, at any time before the decree nisi is made
absolute, give information to the Attorney General ofany 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.

(2) 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.

25. Relief from re-entry or forfeiture for non-payment of rent

(1) Where a lessor is proceeding, by action or otherwise, to enforce

a right of re-entry or forfeiture for non-payment of rent, the lessee, his
or her executors, administrators or assignees may, in the lessor's action or
in an action brought by himself or herself, apply to the High Court for
relief.
(2) The High Court may, under subsection (1)-
(a) grant any reliefit considers fit on such terms as to costs, expenses,
damages, compensation, penalty or otherwise, including the
granting of an injunction to restrain any future non-payment of
rent, as it thinks fit; or
(b) refuse the reliefsought as it thinks fit.

(3) Where relief is granted under this section, the lessee, his or
her executors, administrators or assignees shall hold the demised property
according to the terms of the lease without necessity of a new lease.

(4) 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 assignee on such terms and
conditions as to payment of rent and costs or otherwise as it may impose.
498 Cap. 16.) Judicature Act

Inquiries and trials by referees, etc. and arbitrators

26. References to referees

(1) The High Court may, in accordance with rules of court, refer to
an offi cial or special referee for inquiry and report any question arising in
any cause or matter, other than in a criminal proceeding.

(2) The report of an official or special referee may be adopted

wholly or partly by the High Court and if so adopted, may be enforced as a
judgment or order of the High Court.

27. Trial by referee or arbitrator

Where in any cause or matter, other than a criminal proceeding-

(a) all the parties interested who are not under disability consent;
(b) the cause or matter requires any prolonged examination of
documents or any scientific or legal investigation which cannot,
in the opinion of the High Court, conveniently be conducted by
the High Court through its ordinary officers; or
(c) the question in dispute consists wholly or partly of accounts,
the High Court may, at any time, order the whole cause or matter or any
question of fact arising in it to be tried before a special referee or arbitrator
agreed to by the parties or before an official referee or an officer of the High
Court.

28. Powers of referees and arbitrators

In all cases of reference to a referee or arbitrator under this Act, the referee
or arbitrator shall be deemed to be an officer of the High Court and, subject
to rules of court, shall have such powers and conduct the reference in such
manner as the High Court may direct.

29. Statement of case pending arbitration

A referee or arbitrator may, at any stage of the proceedings under a

reference, and shall, if so directed by the High Court, state in the form
of a special case for the opinion of the High Court any question of law
arising in the proceedings before him or her.
Judicature Act [Cap. 16. 499

30. Power of court to impose terms as to costs

An order made under this Act relating to inquiries and trials by reference
may be made on such terms as to costs as the High Court thinks fit.

31. Remuneration of referees and arbitrators

The remuneration to be paid to a special referee or arbitrator to whom any

matter is referred under an order of the High Court under this Act shall be
determined by the High Court.

32. Application of Act to Government

Nothing in this Act relating to inquiries and trials by referees or

arbitrators shall-
(a) empower the High Court to order any proceedings to which the
Government is a party or any question in any such proceedings
to be tried before any referee, arbitrator or officer of the
High Court without the consent of the Attorney General; or
(b) affect the law as to costs payable by the Government.

PART VI-PROVISIONS RELATING TO LIFE IMPRISONMENT

AND SENTENCE OF DEATH

33. Treatment of life imprisonment or imprisonment for life in any

enactment

(1) For purposes of any enactment prescribing life imprisonment

or imprisonment for life, life imprisonment or imprisonment for life means
imprisonment for the natural life of a person without the possibility of being
released.

(2) Notwithstanding subsection (1), a person liable to imprisonment

for life or life imprisonment may be sentenced for any shorter term of
imprisonment not exceeding fifty years.

(3) When sentencing a person under this section, Court may order
the minimum term of imprisonment a person liable to imprisonment for
life or life imprisonment may serve before he or she may be considered for
500 Cap. 16.] Judicature Act

parole or that the imprisonment of such a person may be reduced on account

of remissions earned.

34. Imposing a sentence of death

The High Court may only pass a sentence of death in exceptional

circumstances where the alternative of imprisonment for life or other
custodial sentence is demonstrably inadequate.

35. Confirmation of a sentence of death

(1) Where the High Court passes a sentence of death on any person,
the registrar shall, where the convicted person does not appeal the sentence
within the prescribed time, transmit to the Supreme Court a copy of the
judgment and the proceedings of that court, within thirty days after the
conviction, for confirmation.

(2) The Supreme Court shall only confirm the sentence of death
where it is satisfied that the circumstances of the case warrant the
imposition of the death sentence.

(3) Where the Supreme Court does not confirm the sentence, it shall
impose an appropriate sentence or make any other orders as it deems fit.

(4) Where the Supreme Court confirms the sentence of death, the
registrar of the Supreme Court shall, in accordance with Article 121(5) of
the Constitution, transmit to the Advisory Committee on the Prerogative of
Mercy a written report of the case and its judgment.

(5) The Advisory Committee on the Prerogative of Mercy shall,

within six months from the date of referral, consider and advise the
President on whether the sentence of death should be carried out.

(6) The President may, acting on the advice of the Advisory

Committee on the Prerogative of Mercy-
(a) order for the carrying out of the sentence in the manner prescribed
by court;
(b) grant the convicted person a pardon, either free or subject to
lawful conditions;
Judicature Act [Cap. 16. 501

(c) grant to the convicted person a respite, either for an indefinite

or for a specified period, of the execution of any punishment
imposed on that person for such an offence;
(d) substitute a less severe form of punishment for any punishment
imposed on that person for such an offence; or
(e) remit the whole or any part of any punishment imposed on the
convicted person for such an offence.

(7) A sentence of death imposed by a court of judicature or a court

or tribunal established under the Uganda Peoples' Defence Forces Act shall
only be carried out after it has been confirmed by the Supreme Court and
upon an order of the President issued under subsection (6)(a).

36. Commuting of sentences of death

(1) A sentence of death confirmed b y the Supreme Court may be

carried out within three years of its confirmation.

(2) Where a sentence of death confirmed by the Supreme Court is

not carried out within three years, the sentence shall be deemed to have been
commuted to imprisonment for life.

(3) Where a death sentence is commuted to imprisonment for life,

the convicted person shall be liable to imprisonment for fifty years.

PART VII-REMEDIES

37. General provisions as to remedies

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.

38. Prerogative writ of habeas corpus

The High Court-

502 Cap. 16.] Judicature Act

(a) may, at any time, wh ere a person is deprived of h is 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 th e High Court by or on beh alf of
that person and if it appears by affidavit made in support of the
complaint that there is a reasonable ground for th e complaint,
award under the seal of th e court a writ of habeas corpus ad
subjiciendum directed to the person in whose custody the person
deprived of liberty is; and when th e 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; and
(b) may award a writ of habeas corpus ad 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 auth ority 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 before a court, a court martial, an
official or special referee, an arbitrator or the commissioners.

39. Appeal for habeas corpus

A 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.

40. Judicial review

(1) The High Court may, upon application for judicial review, grant
any one or more of the following reliefs in a civil or criminal matter­
(a) an order of mandamus, requiring any act to be done;
(b) an order of prohibition, prohibiting any proceedings or matter;
(c) an order of certiorari, removing any proceedings or matter into
the High Court;
(d) an injunction to restrain a person from acting in any office in
which he or she is not entitled to act; or
(e) a declaration or injunction not being an injunction referred to in
paragraph (d).
Judicature Act [Cap. 16. 503

(2) 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.

(3) The High Court may grant an application for a declaration or

an injunction under subsection (l)(e) if it considers that, having regard to­
(a) the nature of the matters in respect of which relief may be granted
by way of an order of mandamus, prohibition or certiorari;
(b) the nature of the persons and bodies against whom relief may
be granted by way of an order referred to in paragraph (a); and
(c) all the circumstances of the case,
it would be just and convenient for the declaration or injunction to be granted
on an application for judicial review.

(4) On an application for judicial review as mentioned in subsection

(1), any relief may be claimed as an alternative or in addition to any other
relief so mentioned, if it arises out of or relates to or is connected with the
same matter.

(5) An order of mandamus, prohibition or certiorari shall not be

made in any case in which the High Court is empowered by the exercise of
the powers of review or revision contained in this or any other enactment,
to make an order having the like effect as the order applied for or where the
order applied for would be rendered unnecessary.

( 6) A return shall not be made to any order made under this section
and no pleadings in prohibition shall be allowed, and subject to any right of
appeal, the order shall be final.

(7) An application for judicial review shall be made promptly

and in any case within three months from the date when the ground of the
application arose, unless the court has good reason for extending the period
within which the application shall be made.

41. Mandamus, etc. by interlocutory order

(1) 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.
504 Cap. 16.] Judicature Act

(2) An order may be made under this section unconditionally or on

such terms and conditions as the High Court thinks just.

42. Injunctions

(1) 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.

(2) 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.

(3) 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-
(a) 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
(b) whether the estates claimed by the parties or any of the parties
are legal or equitable.

PART VIII-PRACTICE AND PROCEDURE OF COURTS

43. Practice and procedure

(1) 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.

(2) 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.

44. Rules Committee

(1) There shall be a Rules Committee consisting

of­(a) the Chief Justice as Chairperson;
Judicature Act [Cap. 16. 505

(b) the Attorney General;

(c) the Deputy Chief Justice;
(d) the Principal Judge;
(e) two other members who shall be practising advocates representing
the Uganda Law Society, nominated by that society; and
(f) the Director of the Law Development Centre.

(2) The Rules Committee may regulate its own procedure.

45. Functions of Rules Committee

(1) 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.

(2) Without prejudice to the general application of subsection (1),

the Rules Committee may make rules of court under that subsection for-
(a) regulating the sittings of the High Court and of its jud ges in
court or in chambers;
(b) regulating vacations and hearings during vacations by judges of
the High Court of all such applications as may be required to be
immed iately or promptly heard;
(c) prescribing what part of the business which may be transacted
or the jurisd iction which may be exercised by jud ges of the
High Court may be transacted or exercised by registrars or other
officers of the court;
(d ) regulating the issue, signature, service, and enforcement of
service, of summonses, notices, warrants and other processes;
(e) regulating and prescribing the method of pleading, practice and
proced ure of the court, includ ing all matters connected with
forms to be used and fees to be paid;
(f) regulating the proced ure in suits by way of counterclaim and
valuation of such suits for the purposes of jurisdiction;
(g) regulating the consolid ation of suits, appeals and other
proceedings;
(h) regulating the means by which particular facts may be proved
in or in connection with, or at any stage of, any proceedings in
the High Court and the mode in which all particular facts may
506 Cap. 16.) Judicature Act

be given in or in connection wi th, or at any stage of, any

such proceedings;
i( ) prescribing forms and the manner of keeping, and the custody,
di sposal or destructi on of court records, i ncludi ng records of
evidence in court, archives and exhibits;
(i) regulating the procedure in claims by a defendant for contribution
or indemnity against any person, whether a party to the suit or
not;
(k) regulati ng the summary procedure for the recovery of debts,
liquidated damages or immovable property;
(1)regulating the procedure of originating summons;
(m) regulating the procedure for the grant of probate and letters of
administration and for securing the due administration of estates,
including requi ri ng the fili ng of accounts by admi ni strators of
estates;
(n) regulating the ascertainment of values of estates;
(o) regulating the payment, receipt, accounting and custody of fines,
fees and deposits received by the court;
(p) regulating and prescribing the scales of fees and allowances or
expenses payable to parti es, wi tnesses, assessors, interpreters
and other persons engaged in proceedings before the court;
(q) regulating the procedure in garnishee and charging orders, either
i n addition to or i n substitution for the attachment and sale of
property;
(r) regulating and prescribing the procedure of appeals to the High
Court or transfers of proceedings from magistrates courts to the
High Court or from the High Court to magistrates courts;
(s) regulating any matter relating to the cost of proceedings in the
High Court;
(t) regulati ng the arrest of abscondi ng debtors and the gi vi ng of
security for their release;
(u) regulati ng or prescri bi ng the mai ntenance and custody, while
under attachment, of livestock and other movable property, the
fees payable for such maintenance and custody, the sale of such.
livestock and property and proceeds of the sale;
(v) regulating and prescribing the functions of officers of the court;
(w) prescribing and regulating the appointment and functions of court
brokers and other agents of the court, their fees and expenses;
(x) regulating and prescribing the duties and procedure of referees
and arbitrators; and
Judicature Act [Cap. 16. 507

(y) regulating anything for the purpose of carrying into effect the
provisions and principles of this Act in relation to the courts.

(3) Rules made under this section relating to fees, charges, allowances
and other financial matters shall be made only with the concurrence of the
Minister responsible for finance.

(4) Rules of court made under this section shall apply to all
proceedings by or against the State.

( 5) An instrument made under this section shall be laid before

Parliament and be subject to annulment by Parliament and shall cease to
have effect when so annulled but without prejudice to anything done under
it or the making of a further instrument.

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

(1) The Chief Justice may by statutory instrument make rules of

court­
(a) prescribing the procedure to be followed in applications and
awards of a writ of habeas corpus under section 38; prescribing
(b) the procedures and fees payable on documents filed or issued
in cases where an order of mandamus, prohibition or
certiorari is sought;
(c) 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); and
(d) 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.

(2) 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.
508 Cap. 16.) Judicature Act

47. Chief Justice to issue sentencing guidelines

(1) The Chief Justice shall, in exercise of powers conferred upon him
or her by Article 133(1)(b) of the Constitution, issue sentencing guidelines
for judicial officers.

(2) Without limiting the general eff ect of subsection (1), the
sentencing guidelines shall-
(a) set out the purpose for which offenders may be sentenced or dealt
with;
(b) provide the principles and guidelines to be applied by courts in
sentencing;
(c) provide ranges of sentences and other means of dealing with
offenders;
(d) provide a mechanism for considering the interests of victims of
crime and the community when sentencing; and
(e) provide a mechanism that promotes uniformity, consistency and
transparency in sentencing.

(3) The sentencing guidelines made under subsection (1) shall be

laid before Parliament.

PART IX-MISCELLANEOUS

48. Officers of courts

(1) 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.

(2) 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.

49. Seals of Supreme Court, Court of Appeal and High Court

(1) As required by Article 8 of the Constitution, the seals of the

Supreme Court and the High Court in use immediately before the coming
Judicature Act [Cap. 16. 509

into force of the Constitution shall continue in use for the Supreme Court
and the High Court respectively.

(2) 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.

(3) The Chief Justice shall be the custodian of the Supreme Court
seal and may-
(a) assign the c ustody of the Supreme Court seal or a duplicate of
it to the Deputy Chief Justice or a justice of the Supreme Court;
(b) give directions, subject to this section, as to the manner in which
the Supreme Court seal shall be kept and used.

(4) The Deputy Chief Justice shall be the custodian of the Court of
Appeal seal and may-
(a) assign the c ustody of that seal or a duplicate of it to a justice of
the Court of Appeal; and
(b) give directions, subject to this section, as to the manner in which
the seal shall be kept and used.

(5) The Principal Judge shall be the custodian of the High Court seal
and may-
(a) assign the custody of the High Court seal or a duplicate of it to a
judge of the High Court; and
(b) give directions, subject to this section, as to the manner in which
the seal shall be kept and used.

(6) Any seal to whic h this sec tion relates shall be used for all
purposes for which it may be required under any written law.

(7) Nothing in this section shall affect the validity of any documents
lawfully sealed before the coming into force of this Act.

50. Process and execution

(1) The process of the Supreme Court, the Court of Appeal and the
High Court in the exerc ise of their jurisdic tion under this Act and of
any other jurisdiction conferred upon them shall run throughout Uganda.
510 Cap. 16.) Judicature Act

(2) 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.
51. Protection of judicial officers

(1) 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 or its judicial functions, whether
or not within the limits of his or her or its jurisdiction.

(2) 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.

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

(1) The provisions of the Acts of the Parliament of the United

Kingdom specified in Part I of Schedule 1 to this Act as amended prior to
the 11th day of 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.

(2) The provisions of the Statute of the Parliament of the United

Kingdom specified in Part I of Schedule 2 to this Act shall apply to the
High Court subject to the modifications and adaptations set out in Part II of
that Schedule.
Judicature Act [Cap. 16. 511

SCHEDULES

Schedule I
Section 52(1)
Certain Acts of the United Kingdom to Continue to Apply

Part I

Session and chapter Short title Provisions which

apply
12 and 13 Viet. c. 96. Admiralty Offences The whole Act
(Colonial) Act, 1849
37 and 38 Viet. c. 94. Conveyancing (Scotland) Section 51
Act, 1874
57 and 58 Viet. c. 60. Merchant Shipping Act, PART XIII
1894

Part II

The provisions set out in this Schedule shall apply to Uganda as if there were
substituted for the references in them to-
(a) a British Colony or Possession, references to Uganda;
(b) the Government of a British Colony or Possession, references to
the Minister;
(c) a S uperior or S upreme Court, a Magistrate or Justice of the
Peace of a British Colony or Possession and in the case of the
Conveyancing (S cotland) Act, 1874, to a Court of Probate in a
Colony, references to the High Court.
512 Cap. 16.] Judicature Act

Schedule 2
Section 52(2)
Adaptation of United Kingdom Statute in application to Uganda.

Part!

Session and chapter Short title Provisions which apply

53 and 54 Viet. c. 27. Colonial Courts of Sections 2(2), (3) and (4)
Admiralty Act, 1890. (other than paragraph (c)
of the proviso to
subsection (3), 5, 6 and
16(3)).

Part II
1. The provisions of the Colonial Courts ofAdmiralty Act, 1890, specified
in Part I of this Schedule shall apply as if Uganda were referred to in
them in place of a British Possession and as if the High Court were
referred to in place of Colonial Admiralty.
2. Paragraph (b) of the proviso to section 2(3) shall have effect as if the
High Court had been duly authorised to exercise jurisdiction under the
Naval Prize Act, 1864, and otherwise in relation to prize.
3. Section 6 shall have effect subject to this Act.

History: Statute 13/1996; Cap. 13 (Revised Edition, 2000); Act 3/2002;

Act 9/2011; Act 8/2020; Act 3/2024

Cross References

Constitution
Admiralty Offences (Colonial) Act of the United Kingdom, 1849
Colonial Courts of Admiralty Act of the United Kingdom, 1890
Conveyancing (Scotland) Act of the United Kingdom, 1874
Interpretation Act, Cap. 2
Judicature Act, Act 11/1967
Merchant Shipping Act of the United Kingdom, 1894 (Repealed) Pensions
Act, Cap. 89
Trial on Indictments Act, Cap. 25