The Hierachy of Courts

The Hierachy of the Court System in Uganda
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2 Simon Ssemaganda, MCIArb Advocate & Commissioner for Oaths General & Judicial Service
Commission SCCA No. 8 of 2010. The Supreme Court cited with approval the observations of Mpagi-
Bahigeine, JA, (as she then was) in the Court of Appeal where the learned Justice of Appeal stated that;
“Judicial independence or immunity is not a privilege of the individual judicial officer. It is the
responsibility imposed on each officer to enable him or her to adjudicate a dispute honestly and
impartially on basis of the law and the evidence, without external pressure or influence and without fear
of interference from anyone. The core of the principle of judicial independence is the complete
liberty of the judicial officer to hear and decide the cases that come before the courts and no
outsider be it government, individual or even another judicial officer should interfere, with the
way in which an officer conducts and makes a decision –RV Beauregard, Supreme Court of
Canada, (1987) LRC(Const) 180 at 188 per Chief Justice Dickson. Independence and impartiality are
separate and distinct values. They are nevertheless linked as mutually reinforcing attributes of the
judicial office. Impartiality must exist both as a matter of fact and as a matter of reasonable
perception.” THE HIERARCHY OF COURTS IN UGANDA Uganda has a pyramidal judicial structure with
the Supreme Court, the Court of Appeal, the Constitutional Court and the High Court of Uganda being
superior courts of record. ❖ The Supreme Court The Supreme Court is the highest appellate court
in Uganda established under Article 130 of the Constitution of the Republic of Uganda, 1995 as
amended. According to Article 132 of the Constitution, the Supreme Court is the final court of appeal, it
has power to entertain appeals from the Court of Appeal and the Constitutional Court. The
Supreme Court also has original jurisdiction in matters of presidential election petitions. See: Amama
Mbabazi vs. Yoweri Museveni & Ors Supreme Court Election Petition No. 1 of 2016. The Supreme
Court consists of the Chief Justice and other Justices of the Supreme Court as provided by law. Section 1
of the Judicature (Amendment) Act No. 9 of 2011 which replaced Section 3 of the Judicature Act Cap 13
elevated the number of Supreme Court Justices to eleven. The Chief Justice is the head of the Supreme
Court and presides at each sitting of the Court. In his absence, the most senior member of the
Court as constituted presides. Currently the Chief Justice of Uganda is Justice Alphonse Owinyi Dollo.
3 Simon Ssemaganda, MCIArb Advocate & Commissioner for Oaths ❖ The Court of Appeal The Court
of Appeal is established under Article 134 of the Constitution of the Republic of Uganda, 1995. It is
the second highest Court of record in Uganda. Section 2 of the Judicature (Amendment) Act No. 9
of 2011 which replaced Section 9 of the Judicature Act Cap 13 elevated the number of the Justices
of Appeal to 15 Justices. The Court of Appeal also serves as the Constitutional Court when sitting with a
bench of five justices of appeal to determine questions of interpretation of the Constitution. The
Deputy Chief Justice is the head of the Court and in that capacity assists the Chief Justice in the
administration of the Court. Currently the Deputy Chief Justice of Uganda is Justice Richard Butera. A
minimum of three Justices of Appeal constitute the Coram of the court to hear and determine appeals
to the Court. ❖ The Constitutional Court Article 137 (1) of the Constitution of the Republic of Uganda,
1995 provides that any question as to the interpretation of the Constitution shall be determined
by the Court of Appeal sitting as the Constitutional Court. The import of this article is that the
Constitutional Court is constituted by the Court of Appeal sitting as the Constitutional Court. When
sitting as a Constitutional Court, the court must consist of a bench of five justices. (Article 137 (2) of the
Constitution of the Republic of Uganda) ❖ The High Court The High Court is established under
Article 138 of the Constitution of the Republic of Uganda. The High Court is the third highest Court
of record possessing and exercising unlimited jurisdiction in both Criminal and Civil cases. In
addition, it hears appeals from Magistrates courts and exercises general supervisory power over them.
The Principal Judge is the head of the High Court and the subordinate courts and in that capacity
assists the Chief Justice in administration of these Courts. Currently the Principal Judge is Justice Dr.
Flavian Zeija. The High Court is divided into eight divisions; 1) Civil Division 2) Commercial Division
3) Family Division 4) Land Division 5) Criminal Division 6) Anti-Corruption Division 7) International
Crimes Division 8) Execution and Bailiffs Division When sitting to determine matters brought
before the Court, the High Court is presided over by a single judge. The High Court holds sessions in
various parts of Uganda called High Court Circuits for the trial of civil and criminal cases. Most of
4 Simon Ssemaganda, MCIArb Advocate & Commissioner for Oaths the business of the High Court is
conducted at its headquarters in Kampala, but with the decentralization of the High Court, its services
are now obtained at its High Court circuits namely:- 1. Arua High Court 2. Fort Portal High Court 3.
Gulu High Court 4. Hoima High Court 5. Iganga High Court 6. Jinja High Court 7. Kabale High Court 8.
Lira High Court 9. Luwero High Court 10. Masaka High Court 11. Masindi High Court 12. Mbarara High
Court 13. Mbale High Court 14. Moroto High Court 15. Mpigi High Court 16. Mubende High Court 17.
Mukono High Court 18. Rukungiri High Court 19. Soroti High Court ❖ Magistrate’s Courts
Magistrates Courts are established under the Magistrates Court Act Cap 16 as amended. The High
Court is empowered by the Judicature Act to supervise them. They consist of grades ranging from; 1.
Chief Magistrate, 2. Magistrate Grade I, 3. Magistrate Grade II. A Chief Magistrate is empowered
to supervise all Magistrates’ Courts within the area of jurisdiction. The powers and jurisdiction of a
particular magistrate are determined by the grade of his or her appointment and the powers and
jurisdiction conferred upon that grade by the Magistrates Courts Act. In Civil Cases; A Chief
Magistrate has jurisdiction to hear and determine matters whose subject matter does not Ugx
50,000,000/= (Uganda Shillings fifty million only) (Section 207 (1) (a) of the Magistrates Courts Act Cap
16 as Amended). A Magistrate Grade 1 has jurisdiction to hear and determine matters whose subject
matter does not exceed Ugx 20,000,000/= (Uganda Shillings twenty million only) (Section 207 (1) (b) of
the Magistrates Courts Act Cap 16 as Amended). A Magistrate Grade 2 has power to hear and
determine matters who subject matter does not exceed Ugx

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The Hierachy of the Court System in Uganda

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