Uganda Case Law

Dbiba and Another v Uganda

Dbiba and Another v Uganda (Criminal Miscellaneous Application 5 of 2019) [2021] UGHCCRD 81 (4 October 2021)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 5 of 2019

Judge

Elubu, J

The High Court determined that revision under Section 50 of the Criminal Procedure Code Act is only available for final orders, not interlocutory or interim decisions such as bail rulings or orders to deposit documents. The applicants failed to identify a final order subject to revision, and the record did not support their claim that bail was cancelled due to failure to produce the title deed. Furthermore, the existence of a parallel civil suit over the same land does not bar or stay criminal proceedings, as criminal and civil matters are distinct and may proceed concurrently. The applicants…

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• Fraudulent Procurement Of Title
• Bail Cancellation
• Revision Of Magistrates Orders
• Claim Of Right Defence
• Concurrent Criminal And Civil Proceedings

Kiwanuka and Another v Uganda

Kiwanuka and Another v Uganda (Criminal Miscellaneous Application 14 of 2021) [2021] UGHCCRD 104 (4 August 2021)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 14 of 2021

Judge

Elubu, J

The application for revision was dismissed because the impugned order of the trial magistrate was interlocutory, not final, and thus not subject to revision under Section 50 of the Criminal Procedure Code Act. The High Court reaffirmed that only final orders can be revised, as established in Uganda v Dalal and Semuyaga v Uganda. The court further held that the Director of Public Prosecutions has constitutional discretion over prosecution matters, including the amendment and institution of charges, and that judicial intervention is not warranted at the preliminary stage. Additionally, the exis…

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• Revision Of Magistrates Orders
• Concurrent Criminal And Civil Proceedings
• Powers Of Dpp
• Interlocutory Orders
• Stay Of Proceedings

Bukenya v Uganda

Bukenya v Uganda (Criminal Miscellaneous Application 6 of 2021) [2021] UGHCCRD 83 (23 June 2021)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 6 of 2021

Judge

Elubu, J

The High Court dismissed a criminal revision application, holding that interlocutory orders cannot be revised and that related civil and criminal cases may proceed together.

• Revision Of Magistrate Orders
• Interlocutory Orders
• Concurrent Criminal And Civil Proceedings
• Claim Of Right Defence
• Criminal-revision
• Interlocutory-orders

Bukenya v Uganda

Bukenya v Uganda (Criminal Miscellaneous Application 6 of 2021) [2021] UGHCCRD 62 (23 June 2021)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 6 of 2021

Judge

Elubu, J

The High Court held that revisionary powers under Section 50 of the Criminal Procedure Code Act are limited to final orders and cannot be invoked to challenge interlocutory rulings, such as a decision to place an accused on his defence after a 'no case to answer' ruling. The court found that the applicant's claim of right to the land and the existence of a pending civil suit do not preclude the continuation of criminal proceedings, as criminal and civil matters are distinct and can proceed concurrently. The applicant's arguments regarding ownership and claim of right are matters for his defen…

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• Revision Of Magistrate Orders
• Interlocutory Orders
• Concurrent Criminal And Civil Proceedings
• Claim Of Right Defence
• Criminal Trespass
• Malicious Damage To Property