Mayambala Kenneth and Others v Uganda
Mayambala Kenneth and Others v Uganda (Criminal Appeal No. 6 of 2025) [2025] UGHC 559 (23 June 2025)
The High Court found that the appellants had raised a credible defence of honest claim of right, supported by evidence of long-standing possession and a pending civil suit over ownership. The trial magistrate erred in disregarding the civil dispute and criminalizing the land conflict, which is contrary to established legal principles that ownership disputes should be resolved in civil courts. The prosecution failed to prove beyond reasonable doubt that the appellants' possession was without right or that their conduct constituted forcible detainer under Section 74 of the Penal Code Act. The c…
Source excerpt
- Forcible Detainer
- Claim Of Right
- Land Ownership Dispute
- Criminalization Of Land Disputes