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Hon. Justice Kwesiga Discusses The Justifications For Revision

In the Case of Kiggwa Hannington & Others V Uganda. Revision Cause No. 005 of 2018.

This was a revision of the decision of the judgment made by H/W Gakyaro Allan delivered on 23rd February 2018 on grounds that the evidence on record was not properly evaluated and failed to ascertain that there were major contradictions in the prosecution’s evidence.

According to section 48 of the Criminal Procedure Act, the High Court has the power to call for and examine the record of any criminal proceedings in a Magistrate’s Court for the purposes of satisfying itself on the correctness, legality, propriety of any finding. This is to avoid the miscarriage of justice.

However, the court noted that merely because the Magistrate’s Court has taken a wrong view or law or misinterpreted the evidence on record cannot in itself justify revision unless it has also resulted into a grave injustice. The exercise of revision power is justified only to set right grave injustice not merely to rectify an error however inconsequential.

In this particular case, the applicant invited court to look into the evaluation of evidence that was done by the Magistrate’s Court. Justice Kwesiga stated that this should be an appeal and not revision and hence dismissed the case.