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10 Apr 2025

Criminal Law [2025] UGCA 96

Nabunga Juma v Uganda

Nabunga Juma v Uganda (Criminal Appeal 36 of 2019) [2025] UGCA 96 (10 April 2025)

Court: Court of Appeal of Uganda
Case number: Criminal Appeal 36 of 2019
Judge: Mulyagonja, JA, Tibulya, JA/JCC, Kazibwe, JA

The Court of Appeal found that the trial judge did not err in relying on the evidence of the prosecution witnesses, as the alleged inconsistencies between the summary of the case and the evidence in court were immaterial and not raised during cross-examination. The summary attached to the indictment is not evidence and cannot override sworn testimony. The appellant's alibi was properly dismissed as the prosecution's evidence placed him at the scene, and the defence witnesses could not account for his whereabouts during the relevant period. Regarding sentence, the appellate court found that wh…

Source excerpt

Aggravated Defilement
Alibi Defence
Sentencing Guidelines
Evidence Inconsistencies

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22 May 2020

Civil Procedure [2020] UGHC 99

Atim v Onen

Atim v Onen (Civil Appeal No. 71 of 2018) [2020] UGHC 99 (22 May 2020)

Court: High Court of Uganda
Case number: Civil Appeal No. 71 of 2018
Judge: Stephen Mubiru, J

The appeal was dismissed primarily because the suit was a nullity, having been filed in the name of a deceased person. Even if this fundamental flaw were set aside, the evidence did not support the appellant's claim of trespass or boundary excess by the respondent. The trial court's findings regarding the respondent's bona fide occupation and the lack of credible evidence of trespass were justified, as the oral and physical evidence at the locus in quo confirmed the respondent's long-standing possession and the existence of a clear boundary marked by banana trees. The inconsistencies in the a…