James Duru @Nade vs The Republic, Criminal Appeal No 100 of 2020.

This case Provide for remedy for parties who Institute criminal case for case about breach of contracts. The court had this to say:

The foregoing aside, apart from the prosecution proving that, PW1
deposited monies into the appellant’s bank account on agreement that he would supply the building materials which never materialised, no evidence
was led to the effect that a false pretence was made by the appellant with intent to defraud the complainant.

That apart, we have also seriously considered the propriety of criminal charge filed against the appellant and
a subject under scrutiny. The charge and the entire evidence show that, although the appellant was paid monies through the bank account, he did
not perform his obligation to collect, transport and supply building materials to Ally Kachenje Secondary School upon the instructions of PW1.


Thus, in our considered view, the entire evidence on record is not in support of a criminal charge. Instead, in the circumstances, the proper course was for PW1 to commence a civil action against the appellant to seek specific performance.


In view of what we have endeavoured to demonstrate, the conviction of the appellant cannot be spared as it is founded on a defective charge
and secondly, the trial court embarked on nullity to invoke criminal jurisdiction to entertain and try a civil matter.

We thus find the 2nd ground of appeal merited and proceed to nullify the entire proceedings of the trial and first appellate courts, quash and set aside the conviction and sentence meted on the appellant.

If the complainant so wishes, she may institute a civil case to recover the monies alleged to have been paid to the appellant.

Since the determination of the 2nd ground is sufficient to dispose of the entire appeal, we shall not determine the remaining grounds of complaint.