Serwada v TSMP (U) Limited (Civil Revision 19 of 2022) [2024] UGHC 571 (20 May 2024)
Court
High Court of Uganda
Case number
Civil Revision 19 of 2022
Judge
Nabisinde, J
The High Court revised a magistrate’s dismissal of a Bill of Costs, holding that taxation should proceed ex parte under the Advocates Regulations, not be dismissed under Order 9 Rule 22 CPR.
The Constitutional Court held that the discontinuance of criminal proceedings by the DPP under Article 120(3)(d) is an exclusive function, but the Constitution and section 121(a) of the Magistrates Court Act do not bar the DPP or authorized officers from reinstating criminal proceedings against an accused who was discharged before being called to make a defence. The protection against double jeopardy under Article 28(9) and (10) only applies where there has been a conviction, acquittal, or pardon, none of which applied to the Petitioners. The reinstatement of charges by the Ag. Senior State A…
Uganda v Hon. Mao and 2 Others (Criminal Appeal 8 of 2023) [2023] UGHCCRD 153 (6 July 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal 8 of 2023
Judge
Gadenya, J
The High Court found that the magistrate erroneously dismissed the complaint on oath for lack of a letter from the local chief, as the law places the duty to consult the local chief on the magistrate, not the complainant. The requirement for a supporting letter is discretionary for the complainant, and its absence does not render the complaint incompetent. The magistrate also erred in finding lack of territorial jurisdiction, as the complaint specified the city and division, which are sufficient under the Magisterial Areas Instrument. Furthermore, the magistrate wrongly required the appellant…
Besigye & Another v Uganda (Criminal Application 121 of 2022) [2022] UGHCCRD 167 (30 June 2022)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Application 121 of 2022
Judge
Asiimwe, J
The High Court dismissed a bail application as prematurely filed, holding that the applicant had to first seek bail from the Chief Magistrate after refusal by a Grade One Magistrate.
Besigye & Another v Uganda (Miscellaneous Application No. 121 of 2022) [2022] UGHCCRD 25 (30 June 2022)
Court
HC: Criminal Division (Uganda)
Case number
Miscellaneous Application No. 121 of 2022
Judge
Asiimwe, J
The High Court dismissed a bail application as premature, holding that the applicants should first have applied to the Chief Magistrate after refusal by a Grade One Magistrate.
Uganda v Nkalubo (Criminal Appeal No. 130 of 2021) [2021] UGCA 72 (13 September 2021)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 130 of 2021
Judge
Madrama, JA, Egonda-Ntende, JA, Bamugemereire, JA
The Court of Appeal struck out Uganda’s appeal, holding there was no statutory right of appeal from a High Court revision decision before conviction or acquittal.
Sewava Ssalongo and 18 Others v Male Mukasa and 2 Others (Revision Application 34 of 2018) [2021] UGHCLD 471 (1 March 2021)
Court
HC: Land Division (Uganda)
Case number
Revision Application 34 of 2018
Judge
Kawesa, J
The High Court partly allowed a revision application, permitting cross-examination of a co-defendant’s witness but upholding a costs order against absent applicants.
Kiggwa & Ors v Uganda (Revision Cause No. 005 of 2018) [2019] UGHCCRD 40 (7 August 2019)
Court
HC: Criminal Division (Uganda)
Case number
Revision Cause No. 005 of 2018
Judge
Kwesiga, J
The High Court found that the applicants failed to demonstrate any grave injustice or manifest error in law that would justify the exercise of revisional jurisdiction. The application was deemed a disguised appeal, as it sought re-evaluation of evidence, which is not the proper function of revision proceedings. The court emphasized that revisional powers are reserved for correcting grave injustice or procedural defects, not for addressing dissatisfaction with a prima facie finding. The application was dismissed as misconceived and an abuse of process, and the trial was ordered to resume befor…
Naluwooza v Namwandu Yake Lunkuse Kyaze& 2 Ors (Civil Appeal No.59 of 2009) [2009] UGHC 149 (2 April 2009)
Court
High Court of Uganda
Case number
Civil Appeal No.59 of 2009
The High Court held that costs could not be awarded under Order 25 against deceased respondents. It set aside the magistrate’s costs order and remitted the suit.
Uganda v Herbert Karambuzi (CR. CASE NO, 15 OF 95) [1996] UGHC 80 (1 July 1996)
Court
High Court of Uganda
Case number
CR. CASE NO, 15 OF 95
Judge
Mukanza, J
The High Court set aside a magistrate’s discharge of an accused in an abduction case, holding that section 156 reconciliation provisions did not apply.