Uganda Case Law

Ntambala v Uganda

Ntambala v Uganda (Criminal Appeal 34 of 2015) [2018] UGSC 83 (18 January 2018)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 34 of 2015

Judge

Tumwesigye, JSC, Mwangusya, JSC, Opio-Aweri, JSC, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC

The Supreme Court found that the Court of Appeal properly re-evaluated the evidence presented at trial, including the testimonies of the victim (PW4), corroborating witnesses (PW5, PW7), and medical evidence. The alleged contradiction regarding the number of used condoms was immaterial to the central issue of whether sexual intercourse occurred. The trial judge found the complainant to be a truthful witness, and the appellate court correctly applied the law on corroboration, noting that a conviction can be based on the testimony of a single witness if found credible. The Court further held th…

Source excerpt

• Aggravated Defilement
• Corroboration In Sexual Offences
• Constitutional Equality
• Evidence Evaluation
• Appellate Review
• Sentencing

Ntambala Vs Uganda

Ntambala Vs Uganda (Criminal Appeal No. 34 of 2015) [2018] UGCA 83 (18 January 2018)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 34 of 2015

The Supreme Court upheld Ntambala Fred’s defilement conviction and 14-year sentence, while rejecting the need for corroboration specifically in sexual offence cases.

• Defilement
• Corroboration In Sexual Offences
• Constitutional Equality
• Gender Discrimination
• Evidence Evaluation
• Sexual Assault Prosecution

Uganda v Baguma (HIGH COURT CRIMINAL CASE No. 0078 of 2001)

Uganda v Baguma (HIGH COURT CRIMINAL CASE No. 0078 of 2001) [2002] UGHC 31 (12 December 2002)

Court

High Court of Uganda

Case number

HIGH COURT CRIMINAL CASE No. 0078 of 2001

Judge

Zehurikize, J

The court held that both the petitioner and respondent admitted to adultery, which is a sufficient ground for dissolution of marriage under the Divorce Act, as modified by the equality provisions of the 1995 Constitution. The court found that the discriminatory provisions of the Divorce Act, which treated men and women differently in divorce proceedings, were void to the extent of their inconsistency with the Constitution. Both parties were entitled to petition for divorce on the ground of adultery alone. The court pronounced a decree nisi dissolving the marriage. Custody of the children was…

Source excerpt

• Divorce
• Adultery
• Custody Of Children
• Maintenance
• Constitutional Equality

Rose Achom Opio v Lugazi Town Council

Rose Achom Opio v Lugazi Town Council (CIVIL SUIT NO. 240 OF 2000. ) (CIVIL SUIT NO. 240 of 2000.) [2002] UGHC 35 (12 December 2002)

Court

High Court of Uganda

Case number

CIVIL SUIT NO. 240 of 2000.

The court held that both the petitioner and respondent were entitled to seek divorce on the ground of adultery alone, in line with constitutional equality provisions. Sections 5 and 6 of the Divorce Act, which created different standards for men and women, were declared void to the extent of their inconsistency with the Constitution. Both parties admitted adultery, and there was no evidence of collusion, connivance, or condonation. The court pronounced a decree nisi dissolving the marriage. Custody of the children was granted to the petitioner, with the respondent given access and a shared re…

Source excerpt

• Divorce
• Adultery
• Custody Of Children
• Maintenance
• Constitutional Equality
• Costs In Divorce