Yakubu Bukenya v Uganda (Cr.Appeal No.8 of 2009) [2010] UGHC 53 (17 June 2010);


Search Summary: 

In this case the appellant sought court to set aside the judgment and decision of the
trial court. This was after he had been convicted for the offence of unlawful return of a
deported person contrary to provisions of the Uganda citizenship and immigration
control act.

Headnote and Holding: 

Court considered whether the trial court had reached the right decision given the
evidence adduced by the parties at trial and grounds raised by the appellant. Court held
that the trial court had not reached the correct decision. Court was satisfied from its
findings that the there had been poor evaluation of evidence; the prosecution had not
proved that the appellant was not a Ugandan citizen subject to deportation.
Furthermore it was court’s finding that the sentence had been excessive at most it
would have been a fine.
Accordingly court upheld the appeal and set aside the judgment and orders of the trial


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