Zhang and Another v Uganda
Zhang and Another v Uganda (Miscellaneous Criminal Application 39 of 2023) [2024] UGHCCRD 17 (10 January 2024)
The court found that the offences for which the applicants were being investigated—fraud and embezzlement—are not provided for under the Computer Misuse Act, 2011. The magistrate therefore lacked jurisdiction to issue the search and seizure order under Section 28 of that Act. The order was thus illegally made. Furthermore, even if the order had been valid, the continued retention of the applicant's mobile phone by the Uganda Police Force for almost two years without seeking an extension of time was in contravention of Section 28(8) of the Computer Misuse Act, which requires return of seized p…
Source excerpt
- Revision Of Magistrate Orders
- Jurisdiction Of Magistrate Courts
- Return Of Seized Property
- Computer Misuse Act
- Supervisory Jurisdiction
- Procedural Irregularity