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Mashukano samba v Uganda (Criminal Application 141 of 1993) [1994] UGHC 83 (4 February 1994)
- Citation
- [1994] UGHC 83
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Lugayizi, J
- Case number
- Criminal Application 141 of 1993
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Lugayizi, J
- Case number
- Criminal Application 141 of 1993
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that special circumstances existed for granting bail, as evidenced by the Certificate of No Objection from the State and the presentation of two substantial sureties. The court was satisfied that the accused would comply with bail conditions and return to answer the charges. Therefore, bail was granted subject to specific terms including execution of a bond, deposit of travel documents, and regular reporting to police.
Court disposition
bail_granted
Orders
- The accused is to execute a bond in the sum of Ug.shs.300,000/- cash.
- The accused shall deposit his passport or other travel documents with the Deputy Registrar (Criminal) of the High Court.
- The accused shall report to the Central Police Station once a month (on the 20th of each month, beginning January 1994) until the case is finally disposed of or the order is varied.
02
Material facts
Parties
Mashukano Samba Rene
ApplicantUganda
Respondent Counsel: Mr. ElubuAmounts and remedies
- Bail Bond Amount: UGX 300,000
03
Procedural history
Posture
Miscellaneous Criminal Application / Bail Application Ruling
04
Questions and positions
Legal issues
- 01
Whether special circumstances exist to justify release of the accused on bail under S.14A of the Trial Indictments Decree as amended.
- 02
Whether the sureties presented are substantial and sufficient to ensure the accused's return to court.
Party arguments
- Applicant
- The applicant sought release on bail, arguing that special circumstances existed as required by S.14A of the Trial Indictments Decree. The applicant presented two substantial sureties and was prepared to comply with any conditions set by the court.
- Respondent
- The State did not oppose the application and issued a Certificate of No Objection in favour of the accused, indicating no objection to bail being granted.
05
Court’s reasoning
Legal principles
- 01
S.14A of the Trial Indictments Decree (T.I.D.), Statutes No.5 of 1985 and 5 of 1990
Bail may be granted where special circumstances exist as defined under S.14A of the Trial Indictments Decree, as amended.
- 02
Judicial practice and bail procedure
The presence of substantial sureties is required to ensure the accused's return to court.
06
Ratio, limits and disposition
Ratio decidendi
The court found that special circumstances existed for granting bail, as evidenced by the Certificate of No Objection from the State and the presentation of two substantial sureties. The court was satisfied that the accused would comply with bail conditions and return to answer the charges. Therefore, bail was granted subject to specific terms including execution of a bond, deposit of travel documents, and regular reporting to police.
Court disposition
bail_granted
- The accused is to execute a bond in the sum of Ug.shs.300,000/- cash.
- The accused shall deposit his passport or other travel documents with the Deputy Registrar (Criminal) of the High Court.
- The accused shall report to the Central Police Station once a month (on the 20th of each month, beginning January 1994) until the case is finally disposed of or the order is varied.
Source and reliance status
High 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.
High Court of Uganda
Judgment
IN THE HIGH COURT OF UGLNDA AT KAPPALA MISC. CRIMINAL APPLICATION NO. 141/93 (ARISING FROM BUGANDA ROAD COURT CRIMINAL CASE NO. U. $1714$ OF $1993$ :
MASHUKANO SAMBA RENE :::::::::::::::::::::: APPLICANT VERSUS
UGANDA ::::::::::::::::::::::::::::::::::: BEFORE: THE HON. MR. JUSTICE E. S. LUGAYIZI:
$R$ U L I N G:
Having heard from both counsel, and bearing in mind the fact that the State does not oppose this application and has in fact released a Certificate of No Objection in favour of the accused (which Certificate is herein marked as With.3). I am satisfied that special circumstances do exist (within the meaning laid down in S.14A of the T. I. D. as amended by Statutes No.5 of 1985 and 5 of 1990) to justify this court releasing the accused on bail.
I have further examined the two sureties produced before me in this case and I believe they are substantial and will ensure the accused's return to court to answer the charges herein.
ORDER:
I therefore order that the accused be released on bail on the following terms:-
- He is to execute a bond in the sum of Ug.shs.300,000/-1. CASH. - He shall deposit his passport or other travel documents $\mathbf{2}$ . with the Deputy Registrar(Cr.) of the High Court. - He shall report to the Central Police Station once $3.$ a month (i.e. on the 20th of each month - beginning with January, 1994) until his case is finally disposed of or this order is varied.
$500/2000$
all.
E.3. Lugayizi AG., J <sup>U</sup> <sup>D</sup> *GE*
Mr. Elubu for the State<sup>d</sup> Apjlicant/Accused present. Mi's. Kamukama Court/Clcrk. Court: Ruling road out.
S. S. Lugayizi
AG. J <sup>U</sup> <sup>D</sup> <sup>G</sup> <sup>E</sup> 4/2/1994.
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