Saverina D/o Exavery Vs The Republic, Criminal Appeal No 9 of 2019.

This case provide the issue of parties in contract to sue others in criminal case when they are not performing obligation in contract so this court had this to say:

It should be understood that a criminal offence must be
legislated and cannot come from the vacuum or forced to fit in the existing offences as was done in this case.

In other words, breach of contract is not an offence under the Penal Code.

It is also surprising that after the presiding magistrate had come to the conclusion that the appellant was indebted, he proceeded to convict her.

He bothered not to consider that the appellant and PW1 were in debtor and creditor relationship as exhibit Pl revealed. It was improper to handle the dispute on debt between the two under criminal proceeding and this
needn’t be overemphasizes.

[See this court’s decision of Ponsian Mutahyabarwa (Supra)] relied upon by the appellant’s counsel.

It must be understood that the consequences of criminal cases are punishments whereas civil cases end by compensations. Therefore it is illegal and bad practice to charge people on non-existing offences or
matters which are purely civil in nature.

Doing so is to occasion failure of
justice on the purported accused and delay for a wronged person to be remedied. It is the finding of this court therefore that this matter was wrongly instituted as a criminal one, being civil in nature. Please have your copy below.