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Magino v Uganda (Criminal Application 1 of 2024) [2024] UGSC 36 (31 July 2024)
- Citation
- [2024] UGSC 36
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Supreme Court of Uganda
- Panel
- Mike Chibita, JSC
- Case number
- Criminal Application 1 of 2024
- Language
- English
More details
- Court
- Supreme Court of Uganda
- Panel
- Mike Chibita, JSC
- Case number
- Criminal Application 1 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application for bail pending appeal was withdrawn by the applicant through counsel, citing medical reasons that are best managed while in custody. The withdrawal was communicated to the court and supported by medical documentation. The respondent raised no objection. Accordingly, the application was dismissed under Rule 2(2) of the Rules of the Supreme Court, which permits withdrawal of applications before the court. No further consideration of the merits of the bail application was undertaken.
Court disposition
application dismissed (withdrawn)
Orders
- The application for bail pending appeal is dismissed under Rule 2(2) of the Rules of the Supreme Court.
02
Material facts
Parties
Magino Joseph
Applicant Counsel: Andrew SsebugwawoUganda
Respondent Counsel: Ainebyona Happiness03
Procedural history
Posture
Criminal Application / Application for Bail Pending Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant should be granted bail pending the hearing and determination of Criminal Appeal No. 45 of 2022.
- 02
Whether withdrawal of the bail application is permissible under the Rules of the Supreme Court.
Party arguments
- Applicant
- Counsel for the applicant applied to withdraw the application for bail, citing medical reasons best managed while in custody, as supported by a letter to the Registrar and a medical report from the Prisons Medical Superintendent.
- Respondent
- The respondent did not object to the withdrawal of the application.
05
Court’s reasoning
Legal principles
- 01
Rule 2(2) of the Rules of the Supreme Court
An applicant may withdraw an application before the court, subject to the court's discretion and applicable procedural rules.
- 02
Article 23(6) of the Constitution; Bail Guidelines, 2022
The right to apply for bail pending appeal is provided for under Article 23(6) of the Constitution and the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.
06
Ratio, limits and disposition
Ratio decidendi
The application for bail pending appeal was withdrawn by the applicant through counsel, citing medical reasons that are best managed while in custody. The withdrawal was communicated to the court and supported by medical documentation. The respondent raised no objection. Accordingly, the application was dismissed under Rule 2(2) of the Rules of the Supreme Court, which permits withdrawal of applications before the court. No further consideration of the merits of the bail application was undertaken.
Court disposition
application dismissed (withdrawn)
- The application for bail pending appeal is dismissed under Rule 2(2) of the Rules of the Supreme Court.
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
(CORAM: CHIBITA, JSC;)
CRIMINAL APPLICATION NO. OO1 OF 20.24
t0
MAGINO JOSEPH APPLICANT
VERSUS
o r5 UGANDA:::::::::::::::::::::::::::::: ::::RESPONDENT
lAlr appllcatlon Jor ball pendlng appeal arlsing from, crlmlntrl appeal No. 45 of 2O22)
o
-t5
RULING OF MIKE J. CHIBITA, JSC
25 The applicant filed this application by Notice of Motion under the provisions of Rules 6(21(al, 42, 43(ll of the Rules of this Court, Article 23(6) and 126(21 of the Constitution of the Republic of Uganda and Rule 19 of the Constitution (Bail Guidelines for Courts of Judicature) (Practice)Directions, 2022, seeking that the applicant be released on bail pending the hearing and determination of his Criminal Appeal No.45 of 2022 by this Court.
30 The application was supported by the grounds set out in the affidavit of the applicant. The respondent filed an affidavit in objection to this application.
At the hearing of the application, Mr. Andrew Ssebugwawo represented the applicant, while Ms. Ainebyona Happiness, Chief State Attorney represented the respondent.
IO Counsel for the applicant however, applied to withdraw this application as instructed by the applicant. This, he stated, was due to medical reasons best managed while in custody as elucidated in a letter to the Registrar of this Court dated 2l"t Jwne, 2024 together with the medical report of the Prisons Medical Superintendent. There was no objection from the respondent. In the premises this application is dismissed under Rule 2(2) of the Rules of this Court.
3\ sl Dated at Kampala this day or. J.9.!y.zoz+.
MIKE J. CHIBITA JUSTICE OF THE ST'PRTME COURT
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