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Uganda decisions
Decisions matching the current search
Isingoma v Balinda and Another (CIVIL APPEAL NO.0052 OF 2023) [2025] UGHC 232 (3 February 2025)
The High Court set aside a magistrate’s judgment over disputed land ownership, finding the land’s location was not properly ascertained and ordering a retrial.
Gahizi v Uganda (Criminal Appeal 182 of 2020) [2024] UGCA 233 (30 August 2024)
The Court of Appeal found that the trial judge failed to follow the mandatory procedure for plea taking under both the Judicature (Plea Bargain) Rules, 2016 and established case law. The facts of the case were not read to the appellant, and the court did not ensure that the plea of guilty was unequivocal or that the appellant understood the facts and had no defence. The trial judge proceeded to sentence the appellant without formally convicting him, rendering the plea bargain agreement and subsequent proceedings defective. The Court held that such procedural irregularities vitiated the convic…
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Esomu Ebalu v Orit (Civil Appeal 35 of 2022) [2024] UGHC 906 (15 August 2024)
The High Court found that the trial magistrate failed to properly address the legal implications of the suit land's change in tenure from customary to registered title during the pendency of the suit. This change fundamentally altered the cause of action and potentially the court's jurisdiction, rendering the original proceedings and judgment academic and moot. The trial magistrate should have inquired into the new status of the land, determined whether the title affected the rights of the parties, and allowed for amendment of pleadings or withdrawal of the suit. The failure to do so resulted…
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Nuwamanya v Uganda (Criminal Appeal 353 of 2017) [2024] UGCA 186 (19 July 2024)
The Court of Appeal found that the plea bargain agreement was defective as the appellant signed a blank agreement without the facts of the case being explained to him, and the record was silent on whether the court ascertained that the appellant understood the nature and consequences of his plea. The trial judge failed to comply with the mandatory requirements of the Judicature (Plea Bargain) Rules 2016, rendering the conviction and sentence unlawful. In the interests of justice, the court set aside the conviction and sentence and ordered a retrial, as the original trial was procedurally defe…
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Hajji Nsimbe and Another v Luyikwe and 7 Others (Civil Appeal 31 of 2022) [2024] UGHC 30 (11 January 2024)
The High Court allowed a land appeal after finding the locus in quo visit was not properly conducted or recorded, set aside the judgment, and ordered a retrial.
Kaggwa Nabweggamu v Kasanga Market Vendor Limited (Civil Appeal 51 of 2016) [2022] UGHCLD 252 (28 October 2022)
The High Court found that the trial magistrate erred by rendering a decision on the merits of the case without conducting a formal trial, hearing evidence from both parties, or addressing the appellant's application to amend pleadings. The magistrate's reliance solely on expert evidence (the survey report) was insufficient to determine the parties' rights. The court emphasized that expert evidence is only a guide and must be weighed with all other evidence. The failure to hear both parties and to properly evaluate the evidence constituted a denial of the right to a fair hearing and a procedur…
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Acor Mary and Another vs Apuda William (High Court Miscellaneous Application No. 2 of 2022) [2022] UGIC 26 (9 September 2022)
The High Court allowed a land appeal, set aside the magistrate’s judgment, and ordered a retrial after finding denial of a party’s right to testify and no locus visit.
Uganda v Nsubuga & Another (Criminal Appeal 92 of 2018) [2021] UGSC 60 (16 August 2021)
The Supreme Court held that failure to take a fresh plea after amendment of an indictment was not fatal on these facts, and reinstated the trial court convictions.
Mugisha v Uganda (Criminal Appeal No. 309 of 2010) [2021] UGCA 138 (20 July 2021)
The Court found that although the notice of appeal was filed out of time, the loss of the trial record could have impeded the appellant from applying for leave, and substantive justice required extension of time. The right to appeal is fundamental and should not be defeated by the State's failure to provide the record. However, the Court distinguished the present case from Tuuni Stephen & Another v. Uganda, noting that the appellant had served only a small portion of his sentence. In balancing the rights of the appellant, the State, and victims, the Court held that the appropriate remedy was…
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Langoya & Another v Anywar & Another (Civil Appeal No. 77 of 2016) [2020] UGHC 114 (22 May 2020)
High Court allowed a land appeal, set aside the trial judgment, and ordered a retrial after finding joinder and locus-in-quo procedure defects.
