Kabojjamu Nsubuga Anthony v Uganda (Criminal Case 13 of 2022) [2025] UGHC 560 (20 February 2025)
Court
High Court of Uganda
Case number
Criminal Case 13 of 2022
Judge
Oyuko Anthony Ojok, J
The High Court quashed a criminal trespass conviction, holding the dispute was really about land ownership and should have been resolved in a civil court.
Uganda v Byabagambi alias Buganda (Criminal Revision 2 of 2023) [2024] UGHC 1035 (30 October 2024)
Court
High Court of Uganda
Case number
Criminal Revision 2 of 2023
Judge
Wagona, J
The High Court held that the existence of a civil suit based on the same facts as a criminal case does not justify the stay of criminal proceedings. Criminal and civil cases serve different purposes and can proceed concurrently. Criminal proceedings address offenses against the state and public order, while civil cases resolve private disputes. The law does not require criminal matters to be stayed pending the outcome of civil suits unless exceptional circumstances affecting the right to a fair hearing are demonstrated, which were not present in this case. The trial magistrate's order staying…
Uganda v Nandawula (Criminal Appeal 71 of 2023) [2024] UGHCCRD 44 (14 June 2024)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal 71 of 2023
Judge
Gadenya, J
The High Court dismissed the prosecution’s appeal and upheld an acquittal for criminal trespass, housebreaking, and malicious damage, finding a bona fide claim of right.
Uganda v Imodot & Anor (Criminal Appeal 4 of 2023) [2024] UGHC 344 (25 April 2024)
Court
High Court of Uganda
Case number
Criminal Appeal 4 of 2023
Judge
Adonyo, J
High Court criminal appeal over trespass on disputed land dismissed for failure to prove the land was the same as that covered by the prior civil judgment.
Sebagula Aron v Uganda (Criminal Appeal 19 of 2023) [2024] UGHCCRD 7 (23 January 2024)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal 19 of 2023
Judge
Gadenya, J
The appellate court found that the trial magistrate properly convicted the appellant for criminal trespass based on direct and circumstantial evidence placing him at the scene and proving intentional entry onto land in possession of another. However, the conviction for malicious damage to property was overturned due to reliance on inadmissible hearsay and lack of direct evidence of destruction. Convictions for forgery and uttering a false document were quashed because the trial magistrate failed to follow mandatory procedures after amending the charge sheet, including informing the accused of…
Ssali v Uganda (Criminal Miscellaneous Application 35 of 2022) [2023] UGHCCRD 186 (17 October 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Miscellaneous Application 35 of 2022
Judge
Rosette Comfort Kania, J
The High Court refused to stay a criminal trespass case pending a land ownership suit, finding no exceptional circumstances and directing the trial to proceed expeditiously.
Ssemakula v Uganda (Miscellaneous Application 8 of 2022) [2023] UGHC 169 (16 October 2023)
Court
High Court of Uganda
Case number
Miscellaneous Application 8 of 2022
Judge
Nakachwa, J
The court found that the existence of a civil suit over the same subject matter does not preclude the institution or continuation of criminal proceedings. Both civil and criminal cases can be prosecuted concurrently, each determined on its own merits. The Supreme Court has affirmed that criminal proceedings may emanate from the same facts as a civil case, and this does not amount to interference with judicial independence or abuse of court process. The applicant's contention that the criminal case should be stayed or terminated pending the civil suit was rejected. The application was dismisse…
Sekandi v Uganda (Criminal Appeal 40 of 2023) [2023] UGHCCRD 115 (23 September 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal 40 of 2023
The appellate court found that the trial magistrate correctly evaluated the evidence and established that the complainant was in possession of the land at the time of the alleged trespass, as evidenced by the sales agreements, presence of a site house, and the complainant's caretaker. The appellant's entry onto the land was unlawful and intended to assert an adverse claim, amounting to an intention to annoy or intimidate the complainant. Minor contradictions in the prosecution's evidence did not undermine the main substance of the case. However, the sentence imposed by the trial magistrate ex…
Masanyu v Uganda (Criminal Appeal 4 of 2019) [2023] UGHC 302 (14 September 2023)
Court
High Court of Uganda
Case number
Criminal Appeal 4 of 2019
Judge
Emokor, J
The High Court allowed a criminal appeal, finding the trial court misread the complaint, failed to prove trespass and damage, ignored claim of right, and imposed an unlawful omnibus sentence.
Otim and Another v Uganda (Criminal Revision Application 32 of 2022; Criminal Revision Application 42 of 2022) [2023] UGHCCRD 92 (8 August 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Revision Application 32 of 2022 ; Criminal Revision Application 42 of 2022
Judge
Muwata, J
The High Court (Land Division) has already delivered judgment on the civil matter concerning the same land that forms the subject of the criminal proceedings. As such, there is no longer any risk of conflicting judgments between the civil and criminal courts. The revisionary jurisdiction of the High Court cannot be invoked merely because the applicants intend to appeal the civil judgment. The application for stay of criminal proceedings is therefore dismissed, and the trial court is directed to proceed with the criminal case without further delay.