This was an appeal against the judgment and orders of
the High Court. The complaint averred that the learned
trial Judge was wrong in finding that the appellant
instituted the prosecution. Counsel for the appellant,
criticized the trial Judge for believing the evidence of
(PW2) who testified to the effect that when the OC, CID
proposed at a meeting attended by the parties at the
Police Station Tororo to set the respondents free the
appellant insisted that the respondents must be

prosecuted, to find that the appellant was instrumental in
the prosecution of the respondents when the witness is un
reliable and his evidence was not supported by any other
independent evidence.
Court considered whether the judge erred in accepting
and relying on the evidence of PW2.
Court ruled the witness was testifying on what he heard
spoken at a meeting which he attended. This was in line
with Section 58 (b) of the Evidence Act. The evidence
refers to a fact which could be heard and PW2 said that
he heard it. Court held that the judge did not error in
relying on it.

Court accordingly dismissed the appeal.