The law
2. If the evidence at the close of the prosecution case is not sufficient to require the accused to make a defence, the court must dismiss the charge (section 73, Magistrates Courts Act). A prima facie case exists where a reasonable tribunal, properly directing itself, might convict on the evidence if the defence offers no explanation: Ramanlal Trambaklal Bhatt v R [1957] EA 332; Uganda v Alfred Ateu [1974] EA 278. Credibility is not fully weighed at this stage, unless the evidence is so discredited that no reasonable court could act on it. The prosecution must prove damage to property, that the property belonged to another, that the damage was wilful and unlawful, and that the accused took part, directly or by procuring or counselling it (sections 19 and 20, Penal Code Act).
READ MORE : Ruling_Case_To_Answer_Uganda_v_Amuge_Brenda_CC021_2025