{UAH} COURTS AND THE COURT SYSTEM IN UGANDA

COURTS AND THE COURT SYSTEM IN UGANDA

1) 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 constitution.

The 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.

2) 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.

The High Court is presided over by one Judge but in criminal cases they sit with assessors.

3) 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. They have appellate jurisdiction from grade II .
This court has supervisory powers over all magistrates courts of the lower levels.

4) 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 Head quarters. 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.

5) Magistrate Court Grade II
This court is presided over by a magistrate who must hold a Diploma in Law or promoted from Grade III Courts. They have limited criminal, civil and territorial jurisdiction.

Their territorial jurisdiction is limited to their counties and are normally situated at County Headquarters. Their criminal jurisdiction is limited to offences provided for under Section 161 (c) of the Magistrates Courts Act, 1970 as amended (section makes reference to the 1st Schedule).

The Magistrates Courts Act limits their Civil jurisdiction to cases whose value of the subject matter does not exceed 500, 000/=.

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