Ggibwa Kalibbala and other v Uganda
Ggibwa Kalibbala and other v Uganda (Criminal Appeal 297 of 2022) [2023] UGCA 224 (24 August 2023)
The Court of Appeal found that the first appellate court failed in its duty to re-evaluate the evidence as required, particularly by not addressing the contradictions regarding the date of the offence and the appellants' claim of right. Upon its own re-evaluation, the Court determined that the evidence established the appellants acted under a genuine but mistaken belief that they had a legal claim of right to the property as beneficiaries of their late father's estate. This honest belief, supported by both prosecution and defence evidence, negated the mens rea required for the offence of mali…
Source excerpt
- Malicious Damage To Property
- Defence Of Claim Of Right
- Criminal Liability
- Burden Of Proof
- Alibi
- Beneficial Interest In Land