Uganda V Muwonge Andrew & 5 Ors
Uganda V Muwonge Andrew & 5 Ors (Criminal Revision No. 10 of 2009) (Criminal Revision No. 10 of 2009) [2009] UGHC 87 (17 September 2009)
The High Court found that although section 50(5) of the Criminal Procedure Code Act generally precludes revision where an appeal is possible but not taken, the circumstances of this case—specifically, the closure of the prosecution case in the absence of state representation and unresolved procedural irregularities—required the court to prioritize substantive justice over technical procedural bars. The court held that it cannot sanction illegality, and where such illegality is brought to its attention, it must intervene regardless of technicalities. The preliminary objection was therefore dis…
Source excerpt
- Criminal Revision Procedure
- Preliminary Objection
- Closure Of Prosecution Case
- Appeal Vs Revision
- Substantive Justice
- Illegality In Criminal Proceedings