Uganda Case Law

Natanga and 3 Others v Uganda

Natanga and 3 Others v Uganda (Criminal Appeal No. 94 of 2018) [2023] UGCA 102 (17 March 2023)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 94 of 2018

Judge

Musota, JA, Bamugemereire, JA, Musoke, JA

The Court of Appeal, by majority, found that the prosecution failed to prove the essential ingredients of abuse of office, forgery, and uttering false documents against the 1st and 2nd appellants. The procurement of coffee seedlings was conducted under community-based procurement as permitted by the NAADS Guidelines, and the evidence showed that supply was made and proper procedures followed at the sub-county level. The indictment against the 3rd appellant was defective for lack of sufficient particulars, rendering the conviction a nullity. The conviction of the 4th appellant for attempt was…

Source excerpt

• Abuse Of Office
• Forgery
• Uttering False Documents
• Public Procurement Irregularities
• Attempt And Preparation To Commit Offence
• Community Based Procurement

Hotel Aribas Limited v Masindi District Local Government

Hotel Aribas Limited v Masindi District Local Government (Civil Suit No. 23 of 2017) [2022] UGHCCD 107 (20 May 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 23 of 2017

Judge

Byaruhanga Rugyema, J

The court found that the Memorandum of Understanding (M.O.U) dated 17/10/2016 constituted a valid and binding contract between the parties, notwithstanding procedural irregularities in its execution, because the indoor management rule protected the plaintiff as an outsider. The defendant's act of halting the plaintiff's renovations and threatening eviction, despite the plaintiff's compliance and valuable consideration, amounted to a breach of contract. However, the court held that the defendant's refusal to give a commencement date after the certificate of practical completion did not constit…

Source excerpt

• Contract Enforcement
• Breach Of Contract
• Specific Performance
• Public Procurement Irregularities

Dr. Yovantino Akii Agel and Another v Uganda

Dr. Yovantino Akii Agel and Another v Uganda (Criminal Appeal No. 149 of 2015) [2021] UGCA 77 (17 September 2021)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 149 of 2015

Judge

Kakuru, JA, Mulyagonja, JA, Kibeedi Mutangula, JA

The Court of Appeal found that the trial judge misdirected herself by conflating the offence of abuse of office with diversion of resources, and failed to properly evaluate the evidence regarding contract variations and the necessity of 'emerging issues' in hospital rehabilitation. The evidence showed that the 1st appellant, as Accounting Officer, did not act arbitrarily or abuse his office in the procurement process, and that the variations were approved by relevant committees and were necessary for improved service delivery. There was no prejudice to the hospital or government, and the bene…

Source excerpt

• Abuse Of Office
• Embezzlement
• Public Procurement Irregularities
• Accountability Of Public Officers
• Audit And Forensic Investigation

Uganda v Etuusa Lubega (HCT-00-ACD-SC 3 of 2017)

Uganda v Etuusa Lubega (HCT-00-ACD-SC 3 of 2017) [2021] UGHCACD 6 (25 August 2021)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-ACD-SC 3 of 2017

Judge

Tibulya, J

The High Court convicted a Makerere University deputy registrar on four counts of abuse of office for irregularly procuring vendors outside PPDA procedures.

• Abuse Of Office
• Public Procurement Irregularities
• Arbitrary Act
• Mens Rea
• Public Body Employment
• Prejudice To Employer

Uganda v Nalubega Mwanjuma & Anor (HCT-00-AC-CN 5 of 2018)

Uganda v Nalubega Mwanjuma & Anor (HCT-00-AC-CN 5 of 2018) [2019] UGHCACD 1 (25 January 2019)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-AC-CN 5 of 2018

The High Court overturned acquittals for abuse of office and embezzlement in a town council land purchase case, but upheld the acquittal on causing financial loss.

• Abuse Of Office
• Embezzlement
• Public Procurement Irregularities
• Financial Loss
• Valuation Of Public Assets
• Abuse-of-office

Byamukama v Uganda (HCT-00-CN 19 of 2014)

Byamukama v Uganda (HCT-00-CN 19 of 2014) [2015] UGHCACD 11 (18 June 2015)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-CN 19 of 2014

The High Court upheld Byamukama Jackson’s conviction for abuse of office, finding he arbitrarily awarded a fuel contract to a non-prequalified supplier.

• Abuse Of Office
• Public Procurement Irregularities
• Local Government Employment
• Arbitrary Exercise Of Authority
• Abuse-of-office
• Public-procurement

Bagonza V Uganda (Coa-oo-cr- Cn- 0102 of 2010)

Bagonza V Uganda (Coa-oo-cr- Cn- 0102 of 2010) [2015] UGCA 99 (22 May 2015)

Court

Court of Appeal of Uganda

Case number

Coa-oo-cr- Cn- 0102 of 2010

Judge

Bossa, JA, Kavuma, JA, Mwangusya, JA

The Court of Appeal held that the prosecution failed to prove arbitrariness and mens rea for abuse of office and causing financial loss, and allowed the appeal.

• Abuse Of Office
• Causing Financial Loss
• Public Procurement Irregularities
• Contract Variation
• Government Liability
• Abuse-of-office

Loluk v Uganda (HCT-00-AC-CN 12 of 2014)

Loluk v Uganda (HCT-00-AC-CN 12 of 2014) [2014] UGHCACD 17 (10 November 2014)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-AC-CN 12 of 2014

The High Court dismissed a criminal appeal by a former town clerk, upholding convictions for abuse of office and corruption arising from procurement decisions.

• Abuse Of Office
• Corruption Offences
• Public Procurement Irregularities
• Authority Of Town Clerk
• Abuse-of-office
• Corruption-offences