In The Case of Sarah Ssozi & Anor V Uganda Criminal Appeal No. 247 Of 2014 In The Court of Appeal of Uganda at Kampala;
In this case, the Justices of Court of Appeal in their judgment delivered on the 9th July, 2019 discussed the possibility of both civil and criminal proceedings running at the same time.
CORAM; HON. JUSTICE GEOFFREY KIRYABWIRE, CHEBORION BARISHAKI & STEPHEN MUSOTA
This was a second Appeal from the Judgement of Hon. Justice Joseph Murangira in a case where the Appellants were convicted of the offence of obtaining goods by false presence by the trial Court. The Appellants appealed to the Court of Appeal on the grounds that the Justices in the 1st Appellate Court erred in law because the dispute was of a civil nature and therefore could not be presided over by a criminal Court and that a civil case concerning the review of a Consent Judgement was already in court. In this case, the Appellants, who are a couple sold out part of their family land to a third party. After receiving the money from the third party, the couple then went into hiding and refused to transfer the land to the buyer who then reported to the police and filed a criminal case.
The Justices of the Court of Appeal upheld the trial Court’s decision and stated that it is possible to have both civil and criminal proceedings since the balance of proof is different in both cases and upheld the trial Court’s conviction against the Appellant.