Share
Kashaka v Uganda (Miscellaneous Application 6 of 2021) [2021] UGSC 26 (13 August 2021)
- Citation
- [2021] UGSC 26
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Supreme Court of Uganda
- Panel
- Opio-Aweri, JSC
- Case number
- Miscellaneous Application 6 of 2021
- Language
- English
More details
- Court
- Supreme Court of Uganda
- Panel
- Opio-Aweri, JSC
- Case number
- Miscellaneous Application 6 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court found that the applicant's advanced age and serious medical conditions, as evidenced by the submitted medical report, constituted sufficient urgency to warrant the issuance of a certificate of urgency. The court held that the criteria for urgency under the Supreme Court Rules were met, justifying the hearing of the bail application during court vacation. The court relied on precedent and the applicant's health circumstances to allow the application, ensuring access to justice despite procedural limitations imposed by court vacation and Covid-19 restrictions.
Court disposition
application allowed
Orders
- Certificate of urgency issued to enable hearing of Miscellaneous Application No.04 of 2020 for bail pending appeal during court vacation.
- No order as to costs.
- File returned to registry for re-allocation.
02
Material facts
Parties
John Muhanguzi Kashaka
Applicant Counsel: Dueman KoberaUganda
Respondent03
Procedural history
Posture
Miscellaneous Application / Application for Certificate of Urgency Prior to Bail Hearing
04
Questions and positions
Legal issues
- 01
Whether the applicant qualifies for a certificate of urgency to enable hearing of bail pending appeal during court vacation.
- 02
Whether the applicant's medical condition constitutes sufficient urgency to warrant deviation from normal court vacation procedures.
Party arguments
- Applicant
- The applicant, through counsel, argued that he suffers from chronic gastritis, peptic ulcer, and hypertensive heart disease, requiring specialized medical treatment unavailable in prison. He submitted a medical report detailing his health and emphasized the urgency due to life-threatening ailments and the overlap with court vacation caused by Covid-19 restrictions.
- Respondent
- The respondent did not file submissions or objections to the application for certificate of urgency.
05
Court’s reasoning
Legal principles
- 01
Rule 21 of the Supreme Court Rules
Business during Supreme Court vacation is only conducted if the Chief Justice directs, except for urgent matters such as delivery of judgments and orders.
- 02
Rules 42 and 43 of the Supreme Court Rules
Applications for certificate of urgency must be supported by appropriate format and documents.
- 03
Mellan Marere v Uganda, Supreme Court Criminal Application No. 5 of 2021
Medical grounds and advanced age may justify urgency in bail applications.
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court found that the applicant's advanced age and serious medical conditions, as evidenced by the submitted medical report, constituted sufficient urgency to warrant the issuance of a certificate of urgency. The court held that the criteria for urgency under the Supreme Court Rules were met, justifying the hearing of the bail application during court vacation. The court relied on precedent and the applicant's health circumstances to allow the application, ensuring access to justice despite procedural limitations imposed by court vacation and Covid-19 restrictions.
Obiter and limits
- The court noted that no business is conducted during vacation unless the Chief Justice directs, except for urgent matters.
- The applicant's medical report was pivotal in establishing urgency for the application.
Court disposition
application allowed
- Certificate of urgency issued to enable hearing of Miscellaneous Application No.04 of 2020 for bail pending appeal during court vacation.
- No order as to costs.
- File returned to registry for re-allocation.
Source and reliance status
Supreme Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA MISC. APPLICATION NO.06 OF 2021
(Arising from misc. Application No. 04 of 2020) (Arising from Criminal Appeal NO.75 of 2019)
JOHN MUHANGUZI KASHAKA::::::::::::::::::::::::::::::::APPLICANT VERSUS
$\textbf{UGANDA}:\textbf{111111111111111111111111111111111111$
$\mathsf{S}$
$10$
RULING ON A CERTIFICATE OF URGENCY
The applicant brought the instant application by way Notice of Motion seeking orders that:
- a) A certificate of urgency doth issue to enable the court hear an 20 application for bail pending Appeal in Supreme Court *Misc.* Application No.04 of 2020 during court vacation/suspension of court hearings due to Covid-19 pandemic. - *b) Costs be provided for.*
$25$
The grounds are stated in the application but the most relevant being that the applicant is not in good health as he suffers from Chronic Gastritis (with very high suspicion index of peptic Ulcer Hypertensive hear Disease (with a history of Disease). Hypertensive Crisis) among others and that he is in urgent need of specialized medical treatment which is not readily available at the prison facility where the applicant is detained. He has as a result filed an application for bail pending appeal which has
$\mathbf{1}$
however coincided with the Covid-19 restrictions and court $\mathsf{S}$ vacation.
The application is supported with an affidavit deponed by Mrs. Diana Muhanguzi the wife to the applicant. I will not restate the averments contained in that affidavit in this ruling as the same 10 is court record.
In his submissions, learned Counsel for the applicant attaches on the application a medical report from the health facility where the applicant is detained. The medical report gives in detail the 15 medical history of the applicant.
Supreme Court vacation spans between 1<sup>st</sup> August to 31<sup>st</sup> August every year. Under Rule 21 of the Supreme Court Rules business during this period shall be determined by the Chief Justice. No 20 business is conducted during vacation, unless the Chief Justice otherwise directs, except the delivery of judgments and orders, when the matter is shown to be one of urgency. The other enabling laws are rule 42 and 43 which provide for the format and documents supporting the application for Certificate of $25$ Urgency.
After perusing the Notice of Motion, the supporting affidavit and the submissions of the learned counsel for the applicant, I am satisfied that the applicant has met the criteria for the issuing of a Certificate of Urgency. His medical report confirms that he is a person of advanced age suffering from numerous life threatening ailments for which he should be given a chance to apply for bail.
$\mathcal{L}$
The authority in Mellan Marere v Uganda in the Supreme $\mathsf{S}$ Court, Criminal Application No. 5 of 2021 (Mugamba, JSC), supports my above conclusion.
In the result, this application is allowed. Miscellaneous application No.04 of 2020 for bail pending appeal be heard 10 during court vacation. I make no orders as to costs. The file is returned to the registry for re-allocation.
Dated at Kampala this....................................
Rubby Opio-Aweri JUSTICE OF THE SUPREME COURT
Nabwire Co-A clerk<br>Dueman Kobera for the
$100$ g read in chambers<br>per from A $\partial$ 13/8/2021
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.