Namakula v Uganda
Namakula v Uganda (Criminal Revision No. 002 of 2013) [2013] UGHCCRD 79 (22 November 2013)
The trial Magistrate failed to follow the mandatory procedure under Section 83 of the Magistrates Courts Act by not issuing a warrant of attachment and sale of the Applicant's property before committing her to prison. There was no inquiry into the Applicant's property, nor was she given an opportunity to be heard regarding the alleged offence of disobedience of lawful orders. The Applicant was wrongfully committed to Civil Prison, and the conviction for disobedience of lawful orders was procedurally improper. However, the Applicant did fail in her duties as a surety, and the Accused's bail wa…
Source excerpt
- Bail Forfeiture
- Surety Liability
- Procedural Irregularity
- Imprisonment For Default