Summary Judgment

Uganda Vs. Arinatwe David & 3 Ors (CR CASE NO 042 Of 2005) ((CR CASE NO 042 Of 2005)) [2010] UGHC 136 (29 June 2010);

Flynote: 

Search Summary: 

In this case the court sought to rule on whether the prosecution had proved a prima
facie case against the accused. The accused persons were being tried on charges of
murder contrary to provisions of the penal code act.

Headnote and Holding: 

Court considered whether the accused should be called upon to defend themselves
against the charges of murder. Court held that the accused persons could not be called
upon to defend themselves. Court was satisfied from it’s the evidence adduced by
prosecution that it had been able to prove that there had been the death of the
deceased, the death having been caused unlawfully with malice aforethought, however
it had been unable to prove that it were the accused persons that had caused the death

of the deceased. For that matter court could not see any justification in calling upon
the accused persons to defend themselves.
Accordingly court acquitted the accused persons and dismissed the charges of murder
against them.

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