Uganda Case Law

Kiwanuka v Uganda (HCT-OO-CR-CN 10 of 2021)

Kiwanuka v Uganda (HCT-OO-CR-CN 10 of 2021) [2021] UGHCCRD 28 (7 April 2021)

Court

HC: Criminal Division (Uganda)

Case number

HCT-OO-CR-CN 10 of 2021

Judge

Asiimwe, J

The High Court found that the trial magistrate erred by failing to evaluate the defence of honest claim of right and by relying on hearsay evidence to convict the appellant. The evidence presented was insufficient to prove malicious damage to property beyond reasonable doubt, and the dispute was fundamentally a civil matter regarding land ownership, not a criminal offence. The criminal proceedings were improperly used to resolve a civil dispute, which constitutes an abuse of process. Consequently, the conviction and sentence were quashed and the appellant was acquitted.

Source excerpt

• Malicious Damage To Property
• Threatening Violence
• Honest Claim Of Right
• Admissibility Of Hearsay
• Land Dispute Criminalization

Ssepuuya Vincent & Another V Uganda (High Court Criminal Appeal No. 128 of 2017)

Ssepuuya Vincent & Another V Uganda (High Court Criminal Appeal No. 128 of 2017) [2018] UGHCCRD 227 (3 October 2018)

Court

HC: Criminal Division (Uganda)

Case number

High Court Criminal Appeal No. 128 of 2017

Judge

Anglin, J

The High Court allowed a criminal appeal, quashing convictions for criminal trespass and malicious damage to property over a land dispute and acquitting the appellants.

• Criminal Trespass
• Malicious Damage To Property
• Honest Claim Of Right
• Possession Of Land
• Bonafide Occupant
• Criminal-trespass