Uganda Case Law

Kiwanuka v Uganda (HCT-OO-CR-CN 10 of 2021)

Kiwanuka v Uganda (HCT-OO-CR-CN 10 of 2021) [2021] UGHCCRD 28 (7 April 2021)

Court

HC: Criminal Division (Uganda)

Case number

HCT-OO-CR-CN 10 of 2021

Judge

Asiimwe, J

The High Court found that the trial magistrate erred by failing to evaluate the defence of honest claim of right and by relying on hearsay evidence to convict the appellant. The evidence presented was insufficient to prove malicious damage to property beyond reasonable doubt, and the dispute was fundamentally a civil matter regarding land ownership, not a criminal offence. The criminal proceedings were improperly used to resolve a civil dispute, which constitutes an abuse of process. Consequently, the conviction and sentence were quashed and the appellant was acquitted.

Source excerpt

• Malicious Damage To Property
• Threatening Violence
• Honest Claim Of Right
• Admissibility Of Hearsay
• Land Dispute Criminalization

Ngobya v Uganda

Ngobya v Uganda (Criminal Appeal No. 265 of 2011) [2018] UGCA 48 (30 July 2018)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 265 of 2011

Judge

Egonda-Ntende, JA, Obura, JA, Musota, JA

The Court of Appeal upheld a conviction for aggravated defilement but reduced a 37-year sentence after finding the remand period had not been properly deducted.

• Aggravated Defilement
• Circumstantial Evidence
• Admissibility Of Hearsay
• Evaluation Of Alibi
• Sentencing Guidelines
• Aggravated-defilement