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Uganda decisions
Decisions matching the current search
Bako v Uganda (Criminal Appeal 4 of 2019) [2023] UGCA 133 (28 April 2023)
The Court of Appeal found no valid judgment on record, held the trial a nullity, set aside the conviction and sentence, and ordered a retrial.
Obirai v Uganda (Criminal Appeal No. 470 of 2015) [2023] UGCA 39 (7 February 2023)
The Court of Appeal found that the High Court trial was fundamentally flawed due to the failure to swear in assessors, the lack of their continuous presence, and the absence of their opinions on the record. These omissions contravened mandatory provisions of the Trial on Indictments Act and binding Supreme Court authority, rendering the proceedings a nullity. The court emphasized that the participation of assessors is not a mere technicality but goes to the legality and jurisdiction of the trial. Since the record was incomplete and assessors' particulars and opinions were missing, the appella…
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Kibirige Umar aka Obama v Uganda (Criminal Appeal No. 696 of 2015) [2021] UGCA 184 (22 December 2021)
The Court of Appeal declined to order a retrial because the lower-court record was missing and the appellant had nearly served his sentence. He was ordered released unless otherwise lawfully held.
Lukwago and 3 Others v Uganda (Criminal Appeal No. 1 of 2015) [2021] UGCA 140 (3 November 2021)
The Court of Appeal allowed a criminal appeal because the trial judgment and other essential records were missing, making merits review and a retrial unjust.
Kaye v Uganda (Criminal Appeal No. 300 of 2008) [2021] UGCA 54 (24 August 2021)
The Court found that the irretrievable loss of the trial court's judgment rendered it impossible for the appellant to exercise his constitutional right of appeal. The absence of the judgment was not the appellant's fault, and the inordinate delay of over ten years in hearing the appeal further compounded the injustice. The Court held that ordering a retrial would not serve justice, given the appellant's prolonged incarceration and the likely erosion of witness memory and evidence quality. Relying on precedent, the Court concluded that the conviction and sentence must be set aside, and the app…
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Kutambaki Augustine v Byaruhanga Paul (Civil Appeal No. 65 of 2012) [2019] UGCA 2125 (25 September 2019)
Second appeal over a retrial request after an imperfect locus in quo record. The Court held no miscarriage of justice occurred and dismissed the appeal.
Nsimbe Godfrey v Uganda (Criminal Appeal No. 361 of 2014) [2018] UGCA 69 (30 July 2018)
The Court of Appeal quashed a murder conviction and sentence because vital parts of the trial record were missing, and ordered a retrial in the interests of justice.
Tuuni Stephen & Anor v Uganda (Criminal Appeal No. 190 of 2011) [2018] UGCA 37 (13 June 2018)
The Court of Appeal quashed robbery convictions because the trial judgment was missing, making a merits appeal impossible. It refused a retrial due to long custody.
Asibuku v Uganda (Criminal Appeal No. 0014 of 2016) [2017] UGHCCRD 427 (10 August 2017)
The High Court allowed a criminal appeal, finding the appellant had been denied the chance to defend himself. The conviction and sentence were quashed and no retrial ordered.
Gwolo v Uganda (Criminal Appeal No. 0015 of 2017) [2017] UGHCCRD 413 (26 July 2017)
The trial magistrate failed to properly record an unequivocal plea of guilty, as the facts narrated by the prosecution did not disclose the essential elements of theft under sections 254 (1) and 261 of the Penal Code Act. The complainant did not have factual possession or control of the money at the material time, and the appellant's conduct was more consistent with stealing by agent rather than theft. Consequently, the plea was equivocal and cannot sustain the conviction. The conviction and sentence are quashed, and the appellant is discharged. A retrial is not ordered because the facts do n…
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