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Uganda Case Law

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Criminal Law [2023] UGHCACD 12

Uganda v Aijuka

Uganda v Aijuka (Criminal Appeal 28 of 2022) [2023] UGHCACD 12 (22 October 2023)

The High Court dismissed the State’s appeal and upheld the respondent’s acquittal for alleged false customs documents, finding no proof of authorship or causing the making of the documents.

  • False Documentation
  • Customs Offences
  • Burden Of Proof
  • Evidence Evaluation
  • False-documents
  • Customs-offences
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Criminal Law [2022] UGHCACD 4

Uganda v Kalemere and 2 Others

Uganda v Kalemere and 2 Others (Criminal Case 7 of 2018) [2022] UGHCACD 4 (21 April 2022)

The High Court convicted two accused for using falsified customs documents and all three for conspiracy over a tax-evasion scheme involving imported containers.

  • Customs Offences
  • Falsified Documents
  • Conspiracy To Commit Felony
  • Tax Evasion
  • Evidence Circumstantial
  • Money Laundering
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Criminal Law [2021] UGHCACD 2

Womoli v Uganda

Womoli v Uganda (Criminal Appeal No. 18 of 2020) [2021] UGHCACD 2 (22 January 2021)

The High Court found that the appellant's right to legal representation was not violated as he had ample opportunity to have counsel present, but his lawyer repeatedly failed to attend without sufficient explanation. The trial magistrate acted within discretion in refusing further adjournments, balancing the right to representation with the need for a speedy trial. The admission of prosecution exhibits during cross-examination of the appellant was lawful and relevant to rebut his assertions, and did not occasion a miscarriage of justice. The trial magistrate considered both prosecution and de…

  • Right To Fair Trial
  • Customs Offences
  • Sentencing Principles
  • Admissibility Of Evidence
  • Common Intention
  • Circumstantial Evidence
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Criminal Law [2020] UGCA 50

Uganda v Kasibo Joshua

Uganda v Kasibo Joshua (Criminal Application No. 0206 0f 2018) [2020] UGCA 50 (18 February 2020)

The Court of Appeal granted certification for a third appeal to the Supreme Court, holding the customs-law issues raised were questions of great public importance.

  • Customs Offences
  • Third Appeal Certification
  • Public Importance Questions
  • Smuggling Definition
  • Interference With Customs Goods
  • Third-appeal-certification
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Tax Law [2002] UGHC 44

The Hair Care Center Ltd v Uganda Revenue Authority

The Hair Care Center Ltd v Uganda Revenue Authority (Civil Appeal No.1 of 2001) [2002] UGHC 44 (22 January 2002)

The High Court held that an importer was not liable for a penalty arising from customs offences committed by its agent, though storage charges remained payable.

  • Customs Offences
  • Vicarious Liability
  • Import Penalties
  • Agent Liability
  • Customs-law
  • Tax-law
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Criminal Law [1950] EACA 546

Modhaf v Reginam

Modhaf v Reginam (Criminal Appeal No. 39 of 1956) [1950] EACA 546 (1 January 1950)

The Court held that section 160 of the East African Customs Management Act, 1952, makes forfeiture automatic for items liable by reason of the offence, including containers and contents.

  • Customs Offences
  • Forfeiture Of Property
  • Statutory Interpretation
  • Contraband Importation
  • Statutory-interpretation
  • Customs-offences
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Criminal Law [1946] EACA 68

Rex v Gilani

Rex v Gilani (Criminal Appeal No. 254 of 1945) [1946] EACA 68 (1 January 1946)

Section 242 of the Customs Ordinance, 1926, creates legal presumptions for each count in an information, placing the burden of rebuttal on the accused. Conflicting presumptions arising from separate counts do not neutralize each other because each presumption applies only to its respective count, which is treated as a distinct charge for evidentiary purposes. The court must consider the presumption relevant to each count independently and disregard presumptions relating to other counts when determining guilt. The trial magistrate did not misdirect himself in assessing the credibility of the a…

  • Customs Offences
  • Presumptions Of Law
  • Burden Of Proof
  • Conflicting Charges
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Civil Procedure [1946] EACA 10

Devraj and Company v Lalji and Another

Devraj and Company v Lalji and Another (Civil Appeal No. 7 of 1946) [1946] EACA 10 (1 January 1946)

The Court of Appeal held that the magistrate lacked jurisdiction to order forfeiture of the lorry under section 217 of the Customs Ordinance, rendering the order ineffectual. The learned Judge erred in dismissing the suit in detinue based solely on the magistrate's order and without proper proof of the criminal conviction or proceedings. The Crown, as the party retaining the lorry, bore the burden of proving its entitlement to do so under the Ordinance, which it failed to discharge. The appellate court found that the issues of whether the lorry was properly subject to forfeiture and the timin…

  • Detinue
  • Forfeiture Of Property
  • Customs Offences
  • Jurisdiction Of Magistrate
  • Burden Of Proof
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Criminal Law [1944] EACA 1

Commissioner of Customs v Jivraj (Confirmation Case No. 684 of 1944)

Commissioner of Customs v Jivraj (Confirmation Case No. 684 of 1944) [1944] EACA 1 (1 January 1944)

The East African Court of Appeal set aside a customs conviction, holding that intent to defraud the revenue had to be proved by evidence and could not rest on an averment alone.

  • Customs Offences
  • Burden Of Proof
  • Intent To Defraud
  • Procedural Irregularity
  • Customs-offences
  • Burden-of-proof
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Criminal Law [1937] EACA 204

Rex v Thani (Cr. App. No. 42/1935)

Rex v Thani (Cr. App. No. 42/1935) [1937] EACA 204 (1 January 1937)

The East African Court of Appeal held that post-importation handling of smuggled sugar did not amount to smuggling or abetting smuggling under the Ordinance.

  • Smuggling
  • Aiding And Abetting
  • Customs Offences
  • Importation
  • Burden Of Proof
  • Continuing Offence
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.