Gulu High Court has overturned the forfeiture of a motor vehicle registered under UAW 527Z, which had been seized in connection with an alleged wildlife offense. The vehicle, owned by China Railway 18th Bureau Group Co. Limited, was initially set to be forfeited to the Uganda Wildlife Authority (UWA) following the conviction of Private Eden Turyamwijuka, who was involved in transporting bush meat using the vehicle.
The incident stems from an event that took place on November 25, 2023, when Turyamwijuka was arrested in Nwoya District for possessing five bags of smoked bush meat, a protected wildlife specimen. At the time of the arrest, the vehicle was seized and handed over to the company.
However, the Chief Magistrate of Nwoya, in a decision made without involving the vehicle’s owner, ordered the forfeiture of the vehicle to the Uganda Wildlife Authority and the destruction of the bush meat. Korusumu Kyomugisha, a State Attorney from the Director of Public Prosecutions’ Office, sided with the ruling, asserting that the trial magistrate’s order was lawful.
China Railway 18th Bureau Group Co. Limited contested the forfeiture, emphasizing that they were not a party to the criminal proceedings. They argued that the forfeiture was unlawful due to a lack of a fair hearing and an irregular ruling by the Chief Magistrate.
The applicant’s lawyer, Michael Pirwoth of M/s Donge & Co. Advocates, claimed that they were not allowed to contest the forfeiture as the rightful vehicle owner. In response, High Court Judge Phillip Odoki ruled that the Chief Magistrate had made an error in ordering the forfeiture without adhering to proper legal procedures.
The High Court emphasized that such orders could only apply to the property of the convicted person. It further set aside the forfeiture and the subsequent warrant of attachment. The court reiterated the importance of fairness in legal proceedings and stressed that ownership rights must be respected in such cases. As a result, China Railway 18th Bureau Group Co. Limited was awarded the release of the vehicle, and each party was ordered to bear its costs.