Wakilii

China Railway 18th Bureau Group Co. Limited v Uganda (Criminal Revision 10 of 2024)

High Court · [2025] UGHC 48 · 2025 Revision Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision application from forfeiture order made by Chief Magistrate without notice to vehicle owner
Decision
Forfeiture order set aside; vehicle released to applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that forfeiture under Section 73 of the Uganda Wildlife Act may only be imposed on property of a convict. Where a vehicle or article seized as a result of an offence belongs to a person who is not charged, the Executive Director must apply under Section 75 for a declaration of forfeiture, whereupon the court makes a conditional order and the owner is afforded an opportunity to be heard under Section 74. The Chief Magistrate acted illegally in ordering forfeiture of the applicant's vehicle without following this procedure and without affording the applicant a hearing, violating Articles 28(1) and (3) of the Constitution.

Outcome

Forfeiture order set aside; vehicle released to applicant

Facts

On 25 November 2023, UPDF officer L/CPL Turyamwijuka Eden was arrested and charged with possessing wildlife protected specimen (5 bags of smoked bush meat) which he and others at large were transporting in Motor Vehicle Registration No. UAW 527Z. The vehicle belonged to the applicant, China Railway 18th Bureau Group Co. Limited. Upon arrest, the vehicle was seized but later handed over to the applicant. On 5 December 2023, the accused pleaded guilty before the Chief Magistrate of Nwoya, was convicted and sentenced to a fine of UGX 500,000 or 2 years imprisonment in default. The Chief Magistrate also ordered forfeiture of the vehicle to Uganda Wildlife Authority. On 24 April 2024, a warrant of attachment was issued for the vehicle to be handed over to Uganda Wildlife Authority. The applicant, who was neither charged nor given an opportunity to be heard, filed this revision application.

Issues

  1. Whether forfeiture under Section 73 of the Uganda Wildlife Act may be imposed on property of a person who is not a convict or party to the proceedings.
  2. Whether the Chief Magistrate acted illegally in ordering forfeiture without giving the vehicle owner an opportunity to be heard.
  3. Whether the warrant of attachment signed by an unknown person for and on behalf of the Chief Magistrate was irregular.

Orders

  • The orders of the Chief Magistrate of Nwoya dated 21st December 2023 in Criminal Case No. 505 of 2023 ordering forfeiture of Motor Vehicle Registration No. UAW 527Z to Uganda Wildlife Authority are revised and set aside.
  • The warrant of attachment of Motor Vehicle Registration No. UAW 527Z issued vide Misc. Application No. 008 of 2024 is set aside.
  • Motor Vehicle Registration No. UAW 527Z is released from forfeiture.
  • Each party to bear their own costs of the application.

Rules and key headnotes

Forfeiture — Wildlife Offences — Property of Non-Convict — Mandatory Hearing
Where a motor vehicle or article whose ownership requires registration is seized as a result of an offence under the Uganda Wildlife Act and the person responsible for it is not the convict, the Executive Director must apply to court for a declaration of forfeiture under Section 75, whereupon the court makes a conditional order and the owner must be afforded an opportunity to be heard under Section 74 before any final forfeiture order is made.
Forfeiture — Wildlife Offences — Property of Convict — Section 73 Scope
Forfeiture under Section 73 of the Uganda Wildlife Act as an additional penalty may only be imposed on property of the convict. It does not extend to property of persons who are not charged or convicted.
Fair Hearing — Right to be Heard — Forfeiture of Property
The constitutional right to a fair hearing under Articles 28(1) and (3) of the Constitution of Uganda requires that a person whose property is subject to forfeiture must be given an opportunity to be heard before such forfeiture is ordered. A forfeiture order made without affording the owner a hearing is illegal.
Revision — High Court Powers — Aggrieved Non-Party
A person who was not a party to criminal proceedings but is aggrieved by orders made in those proceedings may petition the High Court to exercise its revisionary powers under Section 50(5) of the Criminal Procedure Code Act. Such a person, not being a party, cannot appeal and thus revision is the only available recourse.
Judicial Powers — Delegation — Warrant of Attachment Signed by Unknown Person
Judicial power cannot be delegated. A warrant of attachment signed by an unknown person for and on behalf of a judicial officer is irregular and must be set aside.

Legislation cited (13)

Cases cited (3)

  • Pc Jaden Ashraf and another v Uganda (Criminal Appeal No. 311 of 2016)
  • Attorney General v Hon. Micheal A. Kabaziguruka (Constitutional Appeal No. 02 of 2021)
  • Uganda v Hon. Kasiano Ezati Wadri and 31 others (Criminal Revision No. 0002 of 2018)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

China Railway 18th Bureau Group Co. Limited v Uganda (Criminal Revision 10 of 2024) [2025] UGHC 48 (19 February 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.