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Uganda decisions
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Namatovu v Bukenya (Miscellaneous Application 2870 of 2024) [2024] UGHCLD 291 (9 December 2024)
The High Court declined to strike out a plaint alleging blocked access to kibanja land, holding that the cause of action issue needed evidence at trial.
Uganda v Okabo and 2 Others (Criminal Case 30 of 2017) [2022] UGHCCRD 56 (28 September 2022)
The court found that the prosecution failed to establish a prima facie case against the accused persons. The evidence presented was insufficient to prove the essential ingredients of aggravated robbery, as the victim did not testify, no community members who arrested the accused were called as witnesses, and none of the alleged stolen properties were exhibited in court. Without direct or circumstantial evidence placing the accused at the scene or linking them to the offence, the court held that no reasonable tribunal could convict on the evidence adduced. Consequently, the accused persons wer…
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Uganda v Kabasomi & Ors (HCT-01-CR-SC-0193 OF 2016.) [2018] UGHCCRD 134 (4 May 2018)
The High Court of Uganda at Fort Portal held that the prosecution had not proved participation in a murder charge and acquitted all three accused at no-case-to-answer stage.
Mpuugu and Sons Transporters Limited v Attorney General and Another (Civil Appeal 63 of 1999) [2001] UGCA 27 (27 April 2001)
The Court of Appeal held that the trial judge did not err in referring to the report (ID1) as it was only relevant to the viability of the route, which was abandoned as a ground of appeal. The judge's reliance on Article 126(2)(e) of the Constitution to justify the unsigned document was improper, but no miscarriage of justice occurred. The interests of the appellant were considered by the Transport Licensing Board as required by Section 91(2)(e) of the Traffic and Road Safety Act, and the appellant was invited to meetings regarding the licence but failed to attend. There was no evidence of fr…
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uganda v no. 40709 sgt Mukerege and another (Criminal Session Case 346 of 1991) [1993] UGHC 73 (7 December 1993)
The High Court of Uganda upheld a no case to answer submission and acquitted the accused, finding the prosecution evidence did not link him to murder, robbery, or attempted murder.
Uganda v Celina Aguti (Criminal Case No. 97 of 1988) [1991] UGHC 79 (20 August 1991)
The High Court quashed witchcraft convictions against Celina Aguti, finding the evidence insufficient and setting aside consecutive sentences.
Uganda v Yubentino Olinga (Criminal Revision Order No. 97/91) [1991] UGHC 85 (6 August 1991)
The High Court quashed convictions under the Witchcraft Act for lack of proof required by statute and set aside the consecutive sentences.
Uganda v Alou Kawa (Criminal Revision No. 4-1/90) [1990] UGIC 1 (3 December 1990)
The court quashed convictions for imputation of witchcraft, finding the evidence did not prove the offence charged and that the sentence was improperly imposed.
Rex v Nura (Criminal Appeal No. 218 of 1949) [1949] EACA 45 (1 January 1949)
The Court of Appeal for Eastern Africa quashed a manslaughter conviction, holding the evidence did not prove gross negligence or that the appellant caused the collision.
Rex v Shija (Criminal Appeal No. 50 of 1945) [1945] EACA 17 (1 January 1945)
The conviction for manslaughter was set aside because the trial judge failed to comply with Section 164 of the Criminal Procedure Code, did not base his finding on evidence presented at trial, and relied on an alleged fact unsupported by the record. The defence witnesses were not challenged or cross-examined by the prosecution, undermining the reliability of the prosecution's case. The assessors believed the appellant's brother was responsible, and the record was insufficient to support the conviction. The appellate court held that, in the absence of proper evidentiary support and procedural…
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