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)
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