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Lubega v Uganda (Criminal Miscellaneous Application 9 of 2020) [2021] UGHCCRD 85 (19 March 2021)
- Citation
- [2021] UGHCCRD 85
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Criminal Division (Uganda)
- Panel
- Elubu, J
- Case number
- Criminal Miscellaneous Application 9 of 2020
- Language
- English
More details
- Court
- HC: Criminal Division (Uganda)
- Panel
- Elubu, J
- Case number
- Criminal Miscellaneous Application 9 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant had demonstrated sufficient cause for failing to file the notice of appeal within the prescribed 14 days. The evidence showed that the applicant attempted to initiate the appeal process by submitting papers to the OC Prison for sanctioning and that the delay was attributable to the holiday season, during which public offices, including prisons, operate at reduced capacity. The court exercised its discretion, holding that the applicant was not dilatory and was prevented by circumstances beyond his control from acting within time. Therefore, the application for extension of time to appeal was granted.
Court disposition
application granted
Orders
- Leave is granted to the applicant to file an appeal out of time.
02
Material facts
Parties
Lubega Ashraf
ApplicantUganda
RespondentAmounts and remedies
- Compensation Ordered by Trial Court: UGX 10,000,000
- Sentence in Years: 6
03
Procedural history
Posture
Criminal Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time.
- 02
Whether the reasons advanced by the applicant justify the exercise of the court's discretion.
Party arguments
- Applicant
- The applicant argued that he was unable to file the appeal within the prescribed time due to lack of financial means, absence of legal assistance, and logistical challenges at the prison during the Christmas break, including lack of stationary. He contended these circumstances prevented timely filing and requested the court to grant leave to appeal out of time.
- Respondent
- The respondent opposed the application, asserting that the reasons provided by the applicant were not plausible and did not constitute sufficient cause to warrant extension of time.
05
Court’s reasoning
Legal principles
- 01
Section 31, Criminal Procedure Code Act
The court has discretionary power under Section 31 of the Criminal Procedure Code Act to extend the time for filing an appeal where good cause is shown.
- 02
Judicial interpretation of Section 31, Criminal Procedure Code Act
Good cause includes evidence that the applicant was not dilatory and was prevented by sufficient reason from acting within the prescribed period.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant had demonstrated sufficient cause for failing to file the notice of appeal within the prescribed 14 days. The evidence showed that the applicant attempted to initiate the appeal process by submitting papers to the OC Prison for sanctioning and that the delay was attributable to the holiday season, during which public offices, including prisons, operate at reduced capacity. The court exercised its discretion, holding that the applicant was not dilatory and was prevented by circumstances beyond his control from acting within time. Therefore, the application for extension of time to appeal was granted.
Obiter and limits
- The holiday season is notoriously slow in Uganda and many public offices operate at a fraction of their usual capacity.
Court disposition
application granted
- Leave is granted to the applicant to file an appeal out of time.
Source and reliance status
HC: Criminal Division (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.
HC: Criminal Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CRIMINAL MISC. APPL. No 9 of 2020
LUBEGA ASHRAF ::::::::::::::::::::::::::::::::: APPLICANT
*Versus*
UGANDA ::::::::::::::::::::::::::::::::::: RESPONDENT
BEFORE: HON. MR. JUSTICE MICHAEL ELUBU RULING
This application is commenced under Section 28 (6) and 31 of the Criminal Procedure Code Act.
The applicant is Lubega Ashraf seeks orders that:
- He be granted leave to file an appeal out of time.
The grounds on which this application is premised are laid out in the Notice of Motion and elaborated in the accompanying affidavit affirmed by the applicant.
The applicant states that he was charged with the offences of Theft and Threatening Violence at the Magistrate Grade I Court sitting at Makindye. He was tried, and then convicted on the 16th day of December 2019. The Court handed down a sentence of 6 years and ordered him to pay compensation of 10,000,000/- (Ten Million Shillings).
The applicant states that though he intended to appeal, both against conviction and sentence, was unable to because he was impecunious and had no access to legal services. That it was the Christmas break and there was a lack of stationary at the Kampala Remand Prison where he was in detention. He implores the court to allow him appeal out of time.
The respondent opposes the application. That the reasons given by the applicant are not plausible.
Under Section 31 of the Criminal Procedure Code Act, this Court has the mandate to extend time within which to file an appeal. It is a discretionary power which is exercised where good cause is established. Such good cause would ordinarily include evidence to show that the applicant has not been dilatory in his actions and has, by sufficient reason, been prevented from acting within the 14 days within which he should lodge the Notice of Appeal.
In this instant case the sentence was handed down on the 16th of December 2019. This application was filed in this case on the 6th of February 2020. The applicant had however put his papers before the OC Prison for sanctioning on the 21st of January 2020.
From all the circumstances shown in the evidence adduced in the affidavit, it is my view that this is a proper case for extension. The holiday season is notoriously slow in Uganda and many public offices operate at a fraction of their usual capacity. That explains the complaints cited which prevented the applicant to file a notice within the 14 days.
In view of the above the application to extend time within which to appeal is hereby granted.
……………………………..
Michael Elubu Judge 19.3.21
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