ABSENT OF CONSENT
Okech David Livingstone Vs. Uganda. 1970 155
Section 83(2) Penal Code-consent of DPP required before prosecution-absence
of consent renders trial a nullity.
ABUSE OF OFFICE - CRIMINAL LAW
Okech David Livingstone Vs. Uganda. 1970 155
Section 83(2) Penal Code-consent of DPP required before prosecution-absence
of consent renders trial a nullity.
ACQUITTAL - CRIMINAL LAW
Uganda Vs. Musa Mayeku 1970 154
Complainant who was not a prosecutor ordered to pay costs to acquitted
defendant-illegal order-ss.171 and 173 C.P.C.
Uganda Vs. Isaya Wabwire 1970 219
Costs awarded on acquittal -s.171(1)(b) C.P.C.
ADULTERY
Uganda Vs. K. Ayor & A. Acila 1968 47
Section 150A of the Penal Code - man convicted on sole evidence of adulteress-
no corroboration-necessity for careful direction by trial court.
Uganda Vs. Karlo Ndima & anor 1970 187
Adultery-knowledge that woman is married-execution of sentence.
Odere Benjamin Vs. Uganda. 1970 71
Adultery c/s 150A(1) Penal Code - necessity for proving that accused knew that
woman with whom he had intercourse was married.
Uganda Vs. Andrew Kenneth Otema - Opok 1971 218
Adultery contrary to section 150A of the Penal Code-defective particulars -
failure to specify that the woman was a married woman-S.150A(2) of P.C. illegal
order-accused's property ordered to be sold in default of payment of
compensation to the complainant.
Uganda Vs. Oceng David 1968 128
Adultery contrary to section 150A(1) of the Penal Code - compensation mandatory -
on first conviction fixed by statute at shs.600/=.
AFFIDAVIT
In the matter of Bail Application & in the matter of Jinja Criminal case. 1974 201
Criminal Procedure - Military Police Powers of Arrest Decree -whether period spent
in military Police custody should count as a period of remand-defective affidavit-
whether affidavit containing facts known to applicant but sworn to by his counsel
was defective.
AIDING and ABETTING
Mukasa Joseph Salongo Vs. Uganda. 1970 185
Plea -guilty plea to aiding and abetting where principals plead not guilty-right to
withdraw plea.
ALIBI
Ausi s/o Okuku, Francisco Wandera & Akisoferi Musumba Vs. Uganda. 1968 100
ALIBI-burden of proof - duty of prosecution to destroy alibi of accused.
EVIDENCE-children of tender years-the effect of section 149(3) of the Criminal
Procedure Act and section 11 of the Oaths Act 1963.
Ssentale Y.K. Vs. Uganda. 1968 26
Alibi raised at first opportunity -not checked by police-misdirection on onus -
identification parade necessary but not properly held.
Uganda Vs. Joseph Lukwago 1972 167
Robbery c/ss. 272 and 272(2) of the Penal Code Act-identification - alibi-onus
on prosecution to disprove it.
Lubobi Manuel Vs. Uganda 1973 173
Criminal law-Robbery c/s.272 & 273(1)a of the Penal Code-evidence -failure of
prosecution to call an important witness-alibi-comment by magistrate on accused's
failure to prove it-whether misdirection-duty to consider evidence as a whole-need
for testing witness demeanour against whole evidence.
Uganda Vs. Polasi J. Kasumba 1970 117
Attempted theft of a motor vehicle - abandoned appeal under s.328A(3) of the
C.P.C - revision by High Court on perusal of monthly returns-illegal sentence in
excess of the offence charged.
Bahadurali Shivji Vs. Uganda. 1970 217
Appeal heard but adjoined for judgment -file lost by court before judgment
written-order for re-hearing of appeal.
Arajabu Jongo Vs. Uganda. 1970 218
Appeal - loss of record-retrial ordered.
Ganatra Purshottam Jiwa Vs. Uganda. 1968 109
Sections 252 and 258 Penal Code. Theft by servant Sections 330 and 326
Penal Code. Uttering false document. Section 331(1) Criminal Procedure Act.
Sections 136(c ) (v) Criminal Procedure Act.
PROOF - CRIMINAL CASE-whether Appellate Court concerned with "weight of
evidence" or "burden of proof/reasonable doubt"-Formula for ground of appeal
seeking to attack the facts accepted and acted upon by Trial Court-whether
necessary to specify particular items or exact amounts in respect of each
particular offence alleged to have been committed - whether necessary for
specific finding than case proved "beyond reasonable doubt".
Katende Eria Vs. Uganda 1972 42
Shop-breaking and theft c/s 283(a) and 252 of the Penal Code -dismissal of
appeal by Chief Magistrate.
Uganda Vs. Leonard Kaya Okumu 1972 110
Appeal-Application for leave to appeal out of time by D.P.P. - Provisional
memorandum of appeal.
Nakumusana Christopher Vs. Attorney General 1973 171
Personal injury suit-appeal against quantum of damages awarded-principles
governing review of award made by a trial judge.
Commissioner Gen. of Customs & Exercise, E. A Vs. Home Garments Ltd 1973 125
Application by notice of motion for leave to appeal against a ruling of the High
Court - Rule 42(2) of the Court of Appeal Rules 1972-whether appeal could be
heard by one judge-s.5 of the Court of Appeal for Eastern Africa Act Cap.5-
Rule 52(1) of the East African Court of Appeal Rules 1952-time within which
application had to be made-Rule 39(b) of the Rules-suit already dismissed by
court-whether application was proper procedure in circumstances.
Uganda Vs. Leonard Kaya Okumu 1973 37
Appeal-no notice of appeal filed -whether memorandum of appeal sufficient -
section 326 of the C.P.C.
Kasoro Joseph Vs. Uganda 1973 36
Appeal -conviction on plea of guilty-whether accused has right to appeal where
plea was equivocal -section 216(3) of the Magistrates' Courts Act.
Ndyanabassi Nelly & anor Vs. Uganda 1973 99
Appeal against magistrate's ruling of case to answer-whether evidence sufficient
to support magistrate's finding.
Uganda Vs. Inyansio Lule 1973 93
Appeal from an interlocutory order-whether appeal competent-absence of
statutory provision.
Uganda Vs. Charles Ronald Okot 1973 127
Appeal by D.P.P. against acquittal-prosecutor's application for adjournment
refused-prosecutor's statement that he "was not offering any evidence" as
his witnesses were not present-acquittal by trial magistrate c/s.125 of the M.C.A
whether acquittal erroneous in law.
Nzamuita Petero Vs. Uganda 1973 130
Criminal law-conviction by Magistrate Grade II - application by D.P.P. for
sentence of preventive detention-committal for sentence to Chief Magistrate-age
of accused not established-propriety of sentence of preventive detention-appeal
against conviction and sentence to the High Court-whether appeal competent.
Uganda Vs. Saulo Mukhikori 1973 35
Appeal-accused tried and convicted by Magistrate Grade II but committed to and
sentenced by Chief Magistrates -whether accused had a right of appeal to the
High Court - section 216(1) & 2 of the Magistrates' Courts Act-section 160(1) of
the Magistrates' Courts Act.
Uganda Vs. Zubairi Sentongo & anor 1973 149
Criminal law-murder-application for bail u/s 74A of the Magistrates' Courts Act-
dismissal of application -appeal to the High Court-bail granted by the High Court-
whether the state had "right of appeal from the order of the High Court granting
bail".
Rev. Fr. Obadia Kabande & 5 others Vs. Rev. Fr. Atim & 5 ors 1973 100
Filing memorandum of appeal out of time-s.16(2) of the Trustees Incorporation Act
whether court had inherent power to extend period for filing appeal - application to
declare an order of the court a nullity.
Hassan Yusufu Vs. Uganda 1974 223
Appeal-appeal from an interlocutory ruling of the Chief Magistrate made before
completion of the case-whether appeal could be allowed.
1994-
Shimanya Martin Vs. Uganda 95 12
Appeals - application for extension of time within which to lodge notice of appeal -
sufficient cause must be proved before such extension is granted.
1994-
Uganda Vs. Malaba Yakobo & 5 Others 95 13
Criminal Appeals - retrial - whether loss of the original file can be a ground to order a
retrial.
Bogere Moses & Kamba Robert Vs. Uganda 1996 5
Appeals - second appellate court can re-evaluate the evidence once it is clear that the
first appellate court failed to properly re-evaluate the evidence.
1998-
SGT Kalemera Frank Vs. Uganda 200 5
Appeals - to Supreme Court - only lies from decision of Court of Appeal.
Criminal Procedure - appeal - copies of proceedings below - Magistrate's duty to 1968 16
ensure copy is accurate and complete.
Kasita Ahamada Vs. Uganda 1968 48
Appeal - record of evidence lost - judgment clear and facts conviction can be upheld
under s.347of the Criminal Procedure Code.
Bogere Moses & Kamba Robert Vs. Uganda 1996 5
Arrests - evidence of police investigating officer and arrest is essential but not fatal to
the conviction of an accused.
ARMED FORCES
Uganda Vs. Zakaria Koma 1975 105
Criminal Law-charge of unlawful possession of Government stores s.300(2) of the
Penal Code-whether particulars disclose offence-charge of being in possession of
property suspected of having been stolen or unlawfully obtained s.299 (1) of the
Penal Code-plea of guilty to theft-whether it was a plea of guilty to a charge of
being in possession of property reasonably suspected of having been stolen or
unlawfully obtained -s.20(1) of the Criminal Procedure Code-search of person by
army personnel-whether personnel were police officers under s.20(1) of the
Criminal Procedure Code-ss.2(2) and 6 of the Armed Forces (Powers of Arrest)
Decree-whether power was conferred on army personnel to stop and search the
accused.
Uganda Vs. Zizinga Paulo 1970 169
Assault-plea that accused was acting in self-defense wrongly accepted as plea
of guilty.
Uganda Vs. Yozefu Ogwal 1970 209
Assaulting a Chief -s.230(e) of the Penal Code.
Uganda Vs. Yowabu Balikangira 1970 210
Charge of indecent assault upon a female c/s 122(1) of the Penal Code-
reconciliation under s.177 C.P.C. - whether applicable for felony.
Uganda Vs. C. Olary 1972 55
Assault causing actual bodily harm c/s. 228 of the Penal Code-whether un-
equivocal plea of guilty harm under s.4 of the Penal Code - excessive default
sentence, s.192(d) of the Magistrates' Courts Act.
Nakawuma Felisita & 2 others Vs. Uganda. 1972 47
Demanding money with menaces with intent to steal c/s. 279 of the Penal Code-
assault occasioning actual bodily harm c/s.228 of the Penal Code-elements of
demanding with menaces - what constituted menaces - proof of custom-
classification of harm by medical assistant-whether acceptable as expert
evidence.
Uganda Vs. Kayingi Deograsiya & 4 others 1972 169
Murder c/s. 183 of Penal Code Act-fatal blow-common intention - assault
occasioning actual bodily harm c/s. 228 of Penal Code.
Uganda Vs. Leo Mubyazita & 2 others 1972 170
Murder c/s. 183 of Penal Code Act-circumstantial evidence-common intention-
fatal blow-minor cognate offence-assault occasioning actual bodily harm c/s.228
of Penal Code.
Uganda Vs. Rozina Achen 1972 113
Charge-accused charged in the same count with assaulting two different person-
whether defect incurable.
ATTEMPT
Gwayambadde Gerald Vs. Uganda. 1970 156
Defilement c/s 123(1) Penal Code -medical evidence of penetration unsatisfactory
conviction for attempted defilement substituted.
Kasule Stephen Kawoya Vs. Uganda. 1970 170
Attempt to steal car-accused found in car previously secured whether his
conduct sufficiently proximate to constitute an attempt to steal.
Uganda Vs. Polasi J. Kasumba 1970 117
Attempt theft of a motor vehicle-abandoned appeal under s.328A(3) of the C.P.C.-
revision by High Court on perusal of monthly returns - illegal sentence in excess of
the offence.
Lwanyaga A. Haji & 2 others Vs. Uganda 1971 317
Attempts -when act constituted an attempt to commit an offence-s.369 of the
Penal Code.
BAIL
Miscellaneous Criminal Application 78/68 1968 118
Bail-granted by Grade 1 Magistrate-cancelled by Chief Magistrate-jurisdiction-
reasons-Amount of Bail-amount in relation to seriousness of offence.
Musoke William Vs. Uganda 1968 2
Forfeiture of bail - whether justified.
Uganda Vs. Disan Kabogoza 1970 130
Bail-robbery with aggravation-considerations.
Nsereko Henry Vs. Uganda. 1970 186
Application for bail-unreasonable delay-investigations "almost" completed.
Musoke Stephen Vs. Uganda 1971 285
Bail-accused charged under s.273(2) of the Penal Code - accused on remand for
6 months.
Uganda Vs. Leonadi Sendawula & others 1971 292
Bail-cancellation of - circumstances justifying cancellation.
Sembabulide John & 11 others Vs. Uganda 1971 314
Bail-considerations for granting in Murder cases. Criminal Procedure Code
Cap.107 extent of repeal by Trial on Indictments Decree.
Namuyimba Musa Vs. Uganda 1971 3
Bail-murder charge - insufficient grounds put forward.
Nakuye Margaret Vs. Uganda 1971 148
Bail-murder charge-special circumstances.
Matari Y.R. & anor Vs. Uganda 1971 74
Bail-pending appeal-factors to be considered on application for.
Lugeba Samuel & others Vs. Uganda. 1971 208
Bail-requirement of special circumstances-not required under S.272 and 273(1)
(a) of the Penal Code-the accused kept on remand for long time.
Kulanima Morrison Mayanja Vs. Uganda 1971 210
Bail pending trial on a charge of murder contrary to section 183 of the Penal
Code - requirement of "special circumstances".
Kabenge Christopher Vs. Uganda 1972 1
Bail pending determination of an appeal, s.217(1) of M.C.A.-commencement of
an appeal, s.326 of M.C.A.
Mukiibi Fenekansi Vs. Uganda 1972 51
Breaking and entering a garage c/s.284 of the Penal Code-equivocal plea of
guilty-s.122 of the Magistrates' Courts Act, 1970 - Bail pending appeal-s.216 of
the Magistrates' Courts Act.
Uganda Vs. J.K. Kanamwagi 1972 54
Obtaining money by false pretences c/s.289 of the Penal Code -granting of bail.
Othieno Bonifansio Vs. Uganda 1972 56
Bail pending trial on a charge of murder -provisions laid down in s.123 of the
Criminal Procedure Code.
Matiya Sengendo & 12 Others Vs. Uganda 1972 82
Application for bail pending trial for murder - High Court power to grant bail under
s.74(2) (b) and s.14 of Decree 26 of 1971 - provision for trial within a reasonable
time under Article 10 of the Constitution.
Kiwala Sulaimani & anor Vs. Uganda. 1973 83
Application for release on bail pending trial for murder delay of trial for 1 year
and 2 months.
Obia Nathan Vs. Uganda 1973 14
Bail pending appeal-probability of success of appeal.
P.J. Katecha Vs. Uganda 1973 106
Application for bail pending appeal-whether overwhelming probability that appeal
would succeed-whether delay in hearing appeal would be good ground for bail-
whether bail should be granted since accused willing to deposit passport and
report regularly to the police-whether accused should be granted bail since he was
convicted of non-violent offence.
Kabakerehe Bernard Elly & Others Vs. Uganda 1975 80
Criminal Procedure -bail -release on bail-refusal of application -whether where
Chief Magistrate had refused bail, the same Chief Magistrate or even another
Chief Magistrate in same magisterial area could direct release of accused on
subsequent application-meaning of "(other than a Chief Magistrate)" s.74 (2) (a)
of the Magistrates' Courts Act, 1970-meaning of "at any stage in the proceedings"
s.74(1) M.C.A.-appeal to the High Court s.75 (3) M.C.A.
Senyonga Emmanuel & Anor Vs. Uganda 1975 149
Criminal Law and Procedure -accused charged with murder-remanded for 575 days
s.74A(1) (a) M.C.A. 1970 -duty or Court-provisions of Trial on Indictments Decree
1971-whether applicable to magistrates' court.
Uganda Vs. Haji Abas Mugerwa & Abdul Gami Moheedin 1975 219
Criminal Procedure -Bail - Factors to be considered - Magistrates' Courts Act, 1970,
s.75(2) to be taken into account-duty of court to cause accused likely to abscond
to be arrested and committed to prison or take further recognisance.
Criminal Procedure - sureties - duties of sureties- duty of surety to secure
attendance of accused in court and to report matter if accused about to leave
jurisdiction of court-forfeiture of recognisance where no good cause shown where
accused's attendance not secured.
Kateteya Mabel Mugoha Vs. Samwiri Rukloza 1975 386
Bailment - bailor and bailee relationship - termination of bailment.
1994-
Kanabi Haruna Vs. Uganda 95 45
Bail - bail application - test to be considered when granting bail.
Bail - sureties - must always be substantial.
BURDEN OF PROOF
Kabagambe Haruna Vs. Uganda 1970 146
Burden of proof - proper direction on question of untruthful evidence -doctrine of
recent possession-meaning of possession - s.4 of the Penal Code.
Uganda Vs. Oryema William 1972 23
Stealing or Receiving and Retaining stolen property-misdirection on burden of
proof on Receiving and Retaining and possession of recently stolen property.
Yoronimu Muzeei & anor Vs. Uganda 1972 78
Potential prosecution witness not called by the prosecution-duty of prosecution
to offer the witness to defence. Burden of proof-the accused not obliged to
call a witness if he so chose - confession - alleged confession chakkebged-
trial within trial to be held.
Okello Gaitano Vs. Uganda 1972 104
Receiving or retaining stolen property c/s. 298(1) of the Penal Code-failure of
accused to call his wife-misdirection - burden of proof-non direction on
contradictions.
Uganda Vs. Fransisko Munyankidi 1972 142
Murder-Defence of insanity - burden of proof.
K.M. Doukoure Vs. Uganda Revenue Authority 1997 77
Burden of Proof - civil matters - standard is on a balance of probabilities.
BURGLARY
Uganda Vs. Dominiko Musoke 1968 126
Burglary and theft - sentence-principles applicable.
Nyanzi George Vs. Uganda 1970 167
Burglary, s.281 Penal Code-no evidence that offence committed in the night-
s.4 Penal Code.
CHARGE SHEET
Uganda Vs. Dodoi Kituruturok 1975 36
Criminal Law-unlawful wounding c/s. 215(a) of the Penal Code-doing an act
intended to cause grievous harm c/s 209 (1) of the Penal Code-whether
Magistrate Grade II had jurisdiction to try an offence under section 209(1) of the
Penal Code -two charge sheets charging the accused with different charges-not
to which charge he pleaded guilty.
Uganda Vs. Victo Nakayuwa 1975 32
Criminal Law-being idle and disorderly c/s 162 (1) of the Penal Code -wearing mini
dress-sentence of imprisonment imposed on person under apparent age of 18 years-
whether proper -s.190 of the Magistrates' Courts Act, 1970-trivial offence-whether
it was proper to caution accused-procedure -dress not checked and measured in
court -whether proper-charge preferred under wrong section.
Uganda Vs. Kyiwalabye Emmanuel 1975 108
Criminal Law-overcharging ss.6(a) and 7(1) of the Distribution and Price of Goods
Act, Cap.104 as amended by Decree 1 of 1972 and the Price Control (Variety of
Goods) Order, 1974 (S.I No.17 of 1975) -whether a sentence of imprisonment
mandatory criminal law-overcharging ss.6(a) and 7(1) of the Distribution and Price
of Goods Act, Cap.104 as amended -whether charge sheet must specify whether
offal sold were goats or cattle's offals-criminal procedure-Charge Sheet under s.6
of the Distribution and Price of Goods act as amended in relation to selling of
offals-whether a charge sheet not specifying whether offals sold were goat offals or
cattle offals defective-whether such defect curable. Sentence-ss.6(a) and 7(1) of
the Distribution and Price of Goods Act as amended-whether a sentence of
imprisonment mandatory sentence-s.192(d) of the Magistrates' Courts Act 1970
default sentence for a fine shs.400/- - whether default sentence of two months
proper. Magistrates' Courts Act 1970 s.192(d) - default sentence of two months
proper. Magistrates' Courts Act 1970 s.192(d)-default sentence for a fine of
shs. 400/= - whether default sentence of two months proper.
Uganda Vs. Opio 1975 176
Criminal Law-being in possession of Uncustomed Goods s.146(iii) of the East
African Customs and Transfer Management Act, 1970-Charge brought under a
Non-existent Section of the Act-whether it was necessary to allege that the Goods
were subject to Custom Duty - whether Magistrate Grade II had jurisdiction under
the Act.
Uganda Vs. Kayima 1975 178
Criminal Procedure-conviction of over-charging Goods ss.7 and 19 of the
Distribution and Price of Goods Act - failure to mention in the Charge Sheet the
regulations made under the Act-sentence to a fine-whether imprisonment was
mandatory.
Uganda Vs. Kaddu 1975 175
Criminal Procedure-Conviction for selling Goods at more than the maximum price
ss.6(a) and 7 of the Distribution and Price of Goods Act sentence of a fine and
Suspension of Trading Licence imposed-Charge sheet referred to statutory
Instrument No.21 of 1971 (which was not concerned with Matches) instead of
Statutory Instrument No.38 of 1974 - whether a revisional order was Necessary.
Uganda Vs. Miiya Daniel 1975 177
Criminal Law - possession of prepared opium ss.65(1) and 76(3) of the Pharmacy
and Drugs Act, 1970-Charge-accused charged for possessing opium or Indian
hemp-charge bad for duplicity-plea-of guilty to a charge bad for duplicity-conviction-
accused convicted on his plea of guilty before the report of the Government
Chemist was received.
CONFESSION
Butare Apylunari Vs. Uganda. 1968 3
Confession admitted in evidence - duty of Court where accused is unrepresented
Criminal Procedure - joint trial - failure to pay taxes - charge - duplicity. 1968 17
Kayira Lawrence Vs. Uganda 1970 128
Extra-judicial statement by one accused taken into consideration against a co-
accused - imprisonment unless a confession-recent possession-motor vehicle
stolen 7 weeks previously.
Muzeeir Yeronimu & anor Vs. Uganda 1972 78
Potential prosecution witness not called by the prosecution -duty of prosecution
to offer the witness to defence. Burden of proof-the accused not obliged to call a
witness if he so chose-confession - alleged confession challenged-trial within to
be held.
Uganda Vs. B. Ssali 1972 16
Murder c/s. 183 of the Penal Code -acceptability of the accused's confession
made by the accused to the police.
Lule Nakamusana Vs. Uganda 1972 43
Robbery c/ss.272 and 273(1) (a) of the Penal Code-attempted robbery c/s274(1)
(a) of the Penal code-admissibility of confession -proof of police.
Uganda Vs. Joseph Jwarira 1972 141
Murder c/s. 183 of Penal Code-confession-evidence (Amendment) Decree 25/71-
construction-date of commencement.
Uganda Vs. Petero Kitoza & 3 others 1972 245
Evidence-confession made in presence of magistrate-procedure for recording
confession -circumstances rendering it inadmissible.
Uganda Vs. Yozefu Nyabenda 1972 274
Murder-proof of death by circumstantial evidence-identity of deceased by his
skeleton-cause of death determined from skeleton -whether confession acceptable
as a whole or in part.
Uganda Vs. Gerivasio Ssemuju 1973 54
Theft of bicycle c/ss.252 and 255A of Penal Code-failure to connect bicycle stolen
with bicycle recovered - confession to police-confession in presence of Army
personnel - whether admissible-accused's failure to cross-examine witness -
misdirection on burden of proof.
Luzutu Alias & Ziwa s/o Ssajabi Vs. Uganda 1975 334
Evidence-confession - proved confession affecting co-accused -evidence of weakest
kind but could be taken into consideration under s.28 of Evidence Act.
Twinamasiko Eric Vs. Uganda 1997 1
Evidence - Confession - Admissibility - confession to a police officer below the rank of
a sub- inspector inadmissible.
CONSENT TO PROSECUTION, AG or DPP
Okech David Livingstone Vs. Uganda. 1970 155
Section 83(2) Penal Code-consent of DPP required before prosecution-absence
of consent renders trial a nullity.
CONTEMPT OF COURT
Uganda Vs. Singabele Oyulu 1972 80
Causing a disturbance in the course of a judicial proceeding c/s. 101 (1)( c) of the
Penal Code-plea of guilty-whether offence committed.
Uganda Vs. Paubin Kafabusa 1971 237
S.101 (h) P.C. Act - wrongful re-possession of land recently obtained by a writ
of court. Charge-whether discloses an offence. S.218 M.C.A.-question of Law
Reserved for High Court.
CONSTITUTIONAL LAW
Sekatawa W. George Vs. Uganda. 1968 78
Articles 98,19,24,29 of 1966 Constitution-Validity of Judicial Officers
(Validation) Act, 1966.
Uganda Vs. Solomon Tanga & another 1970 165
Constitutional law-article 15(8) of the Constitution-whether the offence of
elopement c/s 121A Penal Code "defined" - meaning of elope-ingredients of
offence -mens rea.
Kahindi Sebastiano Kahidi Bassajja s/o Bukaki Vs. Uganda. 1971 39
Article 15(4) of the Constitution -whether penalties soverer in degree than
maximum penalty that could have been imposed when offence committed.
Uganda Vs. Abu Semulya 1971 38
Repeal of Act of Parliament-effect-effence under repealed Act allegedly committed
after repeal effective.
Uganda Vs. Alfred James Kisubi 1975 173
Criminal Law-withdraw of proceedings - no reasonable grounds for prosecution-
award of costs-s.207(1)(f) of the M.C.A. 1970-whether proper - Articles 1 and 71 of
the Constitution - whether capable of superceding other laws -affect of Legal
Notice No.1 of 1971, (Proclamation) Procedure followed by D.P.P - whether proper-
s.207(4) of the M.C.A., 1970 - s.341(1)(a) of the C.P.C.-whether applicable.
Uganda Vs. Alfred James Kisubi 1975 173
Criminal Law-withdraw of proceedings - no reasonable grounds for prosecution-
award of costs-s.207(1)(f) of the M.C.A. 1970-whether proper - Articles 1 and 71 of
the Constitution - whether capable of superceding other laws -affect of Legal
Notice No.1 of 1971, (Proclamation) Procedure followed by D.P.P - whether proper-
s.207(4) of the M.C.A., 1970 - s.341(1)(a) of the C.P.C.-whether applicable.
Mwanga Kamadi Vs. Uganda 1979 235
Constitutional Law - Habeas Corpus ad Subjuciendum - judicature Act s.33 - Habeas
Corpus Rules of 1972 s.7 (1) - A return in writing necessary - purpose - to provide the
court with the relevant information regarding the detention of the Applicant.
Constitutional Law - detention - Illegal detention - jurisdiction - Court has jurisdiction to
look into the question of whether a person has been detained illegally even if it is
under Presidential detention Order - where detention order is made in accordance with
the Public Order and Security Act, courts have no jurisdiction to look into it.
