Uganda Case Law

Ssemakula v Uganda

Ssemakula v Uganda (Miscellaneous Application 8 of 2022) [2023] UGHC 169 (16 October 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 8 of 2022

Judge

Nakachwa, J

The court found that the existence of a civil suit over the same subject matter does not preclude the institution or continuation of criminal proceedings. Both civil and criminal cases can be prosecuted concurrently, each determined on its own merits. The Supreme Court has affirmed that criminal proceedings may emanate from the same facts as a civil case, and this does not amount to interference with judicial independence or abuse of court process. The applicant's contention that the criminal case should be stayed or terminated pending the civil suit was rejected. The application was dismisse…

Source excerpt

• Criminal Trespass
• Forcible Entry
• Malicious Damage To Property
• Concurrent Civil And Criminal Proceedings
• Abuse Of Court Process

Wasswa and 2 Others v Uganda

Wasswa and 2 Others v Uganda (Criminal Appeal No. 817 of 2014) [2021] UGCA 73 (13 September 2021)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 817 of 2014

Judge

Madrama, JA, Egonda-Ntende, JA, Bamugemereire, JA

The Court of Appeal dismissed a second criminal appeal, holding that the appellants could not raise new grounds and that the defence of honest claim of right was unavailable.

• Criminal Trespass
• Forcible Entry
• Claim Of Right Defence
• Boundary Disputes
• Criminal-trespass
• Claim-of-right-defence

Angala v Uganda

Angala v Uganda (Criminal Appeal No. 0013 of 2014) [2017] UGHCCRD 22 (9 February 2017)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal No. 0013 of 2014

Judge

Stephen Mubiru, J

The High Court upheld a conviction for forcible entry, holding that an honest claim of right does not excuse entering land with force or threats.

• Forcible Entry
• Claim Of Right Defence
• Sentencing Principles
• Land Possession Disputes
• Forcible-entry
• Claim-of-right-defence

Kabugo Anor v Uganda

Kabugo Anor v Uganda (Criminal Appeal No. 69 of 2013) [2014] UGHCCRD 1 (3 January 2014)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal No. 69 of 2013

The High Court granted bail pending appeal to two convicted appellants after finding the appeal not frivolous, their character unchallenged, and prior bail compliance shown.

• Bail Pending Appeal
• Forcible Entry
• Sentencing Guidelines
• First Offender Status
• Bail-pending-appeal
• Criminal-appeals

Rex v Singh and Another

Rex v Singh and Another (Criminal Appeals Nos. 125 and 126 of 1947) [1947] EACA 41 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 125 and 126 of 1947

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The Court held that section 4 of the Increase of Rent and of Mortgage Interest (Restrictions) Ordinance does not require the consent of the Rent Control Board for the institution of criminal proceedings; it applies only to civil disputes. The appellants' actions—breaking the locks and entering the premises to take possession against the will of the complainant—constituted forcible entry under section 87 of the Penal Code and criminal trespass under section 303. The evidence established that the complainant was lawfully in possession and the appellants had no subsisting tenancy rights at the m…

Source excerpt

• Forcible Entry
• Criminal Trespass
• Rent Control
• Tenancy Disputes