Uganda Case Law

Uganda v Rwabishaka David (HCT-17-CR-MA-0001-2023)

Uganda v Rwabishaka David (HCT-17-CR-MA-0001-2023) [2024] UGHC 1270 (31 October 2024)

Court

High Court of Uganda

Case number

HCT-17-CR-MA-0001-2023

Judge

Wolayo, J

The High Court found that the subject matter and facts in issue in both the criminal and civil cases are identical, involving allegations of fraudulent registration as proprietor on land titles. The civil suit was filed before the criminal case, and the determination of the civil matter will resolve the central dispute. Allowing the criminal case to proceed concurrently would risk conflicting judgments and confusion, contrary to the doctrine of precedence. The lis pendenes rule, while primarily applicable to civil cases, is a useful guide in this context and supports staying the criminal proc…

Source excerpt

• Fraudulent Procurement Of Title
• Stay Of Proceedings
• Lis Pendenes
• Concurrent Civil And Criminal Proceedings

Alinda and Others v Uganda

Alinda and Others v Uganda (Civil Appeal No. 12 of 2021) [2022] UGHC 73 (22 January 2022)

Court

High Court of Uganda

Case number

Civil Appeal No. 12 of 2021

Judge

Wagona, J

The High Court dismissed an appeal seeking to stay criminal proceedings pending a related land civil suit, holding the cases and parties were not sufficiently identical.

• Stay Of Proceedings
• Abuse Of Court Process
• Forgery
• Fraudulent Procurement Of Title
• Land Disputes
• Concurrent Civil And Criminal Proceedings

Kato v Uganda

Kato v Uganda (Criminal Appeal No. 100 of 2019) [2021] UGCA 135 (19 October 2021)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 100 of 2019

Judge

Mulyagonja, JA

The Court of Appeal dismissed a second criminal appeal as incompetent, holding that the order challenged was interlocutory and not appealable. It also reaffirmed that civil litigation over land does not bar related criminal proceedings.

• Criminal Trespass
• Fraudulent Procurement Of Title
• Interlocutory Orders
• Civil Vs Criminal Proceedings
• Jurisdiction Of Magistrates Courts
• Interlocutory-appeals

Dbiba and Another v Uganda

Dbiba and Another v Uganda (Criminal Miscellaneous Application 5 of 2019) [2021] UGHCCRD 81 (4 October 2021)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 5 of 2019

Judge

Elubu, J

The High Court determined that revision under Section 50 of the Criminal Procedure Code Act is only available for final orders, not interlocutory or interim decisions such as bail rulings or orders to deposit documents. The applicants failed to identify a final order subject to revision, and the record did not support their claim that bail was cancelled due to failure to produce the title deed. Furthermore, the existence of a parallel civil suit over the same land does not bar or stay criminal proceedings, as criminal and civil matters are distinct and may proceed concurrently. The applicants…

Source excerpt

• Fraudulent Procurement Of Title
• Bail Cancellation
• Revision Of Magistrates Orders
• Claim Of Right Defence
• Concurrent Criminal And Civil Proceedings