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Muwanga v Uganda (Misc. Application No. 4/94) [1994] UGHCCRD 4 (16 March 1994)
- Citation
- [1994] UGHCCRD 4
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Criminal Division (Uganda)
- Panel
- Kato, J
- Case number
- Misc. Application No. 4/94
- Language
- English
More details
- Court
- HC: Criminal Division (Uganda)
- Panel
- Kato, J
- Case number
- Misc. Application No. 4/94
- 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's medical condition, being HIV positive and suffering from AIDS, constitutes grave sickness as envisaged under section 14A of the Trial on Indictments Decree. The applicant appeared in a terrible condition and was too weak to stand, indicating that his health could not be properly managed in prison. The absence of opposition from the state further supported the grant of bail. The court held that the applicant's special circumstances justified his release on bail, subject to specified conditions.
Court disposition
bail_granted
Orders
- The applicant is to deposit with court a cash bail bond of 50,000 Ugandan Shillings.
- The applicant is to produce two sureties to be approved by the District Registrar, each to sign a bond of 100,000 Ugandan Shillings (not cash).
- The applicant is to report to the Chief Magistrate's Court at Jinja once a month for extension of his bail starting from 15/4/94 at 9:00 AM until the disposal of the case or until another order by a competent court.
02
Material facts
Parties
Muwanga Salleh
ApplicantUganda
Respondent Counsel: Mr. WamasebuAmounts and remedies
- Cash Bail Bond: UGX 50,000
- Surety Bond (each): UGX 100,000
03
Procedural history
Posture
Miscellaneous Application / Bail Application
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to bail under section 14A of the Trial on Indictments Decree due to grave sickness.
- 02
Whether the applicant's medical condition constitutes special circumstances warranting release on bail.
Party arguments
- Applicant
- The applicant seeks bail on the ground of grave sickness, specifically stating he is suffering from AIDS and presenting a medical chit confirming he is HIV positive. He argues that his condition cannot be properly attended to while in prison.
- Respondent
- The state, represented by Mr. Wamasebu, did not oppose the application and left the matter to the discretion of the court.
05
Court’s reasoning
Legal principles
- 01
Section 14A, Trial on Indictments Decree as amended by Statute 5 of 1990
Bail may be granted under section 14A of the Trial on Indictments Decree if special circumstances, such as grave sickness, are established.
- 02
Court's inherent powers and discretion
Judicial notice may be taken of the seriousness of AIDS as a grave sickness.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant's medical condition, being HIV positive and suffering from AIDS, constitutes grave sickness as envisaged under section 14A of the Trial on Indictments Decree. The applicant appeared in a terrible condition and was too weak to stand, indicating that his health could not be properly managed in prison. The absence of opposition from the state further supported the grant of bail. The court held that the applicant's special circumstances justified his release on bail, subject to specified conditions.
Obiter and limits
- The court would be blind to the realities of life if it did not take judicial notice of the fact that AIDS is a grave sickness.
- The applicant's condition cannot be properly attended to while he is in prison.
Court disposition
bail_granted
- The applicant is to deposit with court a cash bail bond of 50,000 Ugandan Shillings.
- The applicant is to produce two sureties to be approved by the District Registrar, each to sign a bond of 100,000 Ugandan Shillings (not cash).
- The applicant is to report to the Chief Magistrate's Court at Jinja once a month for extension of his bail starting from 15/4/94 at 9:00 AM until the disposal of the case or until another order by a competent court.
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
HON' JUSTICE TSEKOKO
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT JINJA
MISC. APPLICATION NO.4/94
ORIGINAL CRIMINAL CASE NO MJ.179/94
MUWANGA SALLEH :::::::::::::::::::::::::::::ACCUSED/APPLICANT VERS. US
UGANDA ::::::::::::::::::::::::::::::: RESPONDENT
BEFORE:
THE HON. MR. JUSTICE C. M. KATO
RULING
This is an application for bail. It has been lodged under the provisions of section 14A of T. I. D. as amended by Statute 5 of 1990. The application is by notice of motion dated $7/3$ &94 and it is supported by the affidavit of applicant's causin called Juko Ismail dated $7/3/94$ . The applicant is charged with the offence of issuing a false cheque contrary to section 364(1)(b) of the Penal Code Act.
The applicant has given one reason for his application and that is grave sickness which is one of the special circumstances stipulated in section 14A of T. I. D. He says he is suffering from "aids" he tendered a medical chit indicating that he had been tested and found to be "HIV" positive. The learned state counsel Mr. Wamasebu who appeared for the state did not appear to oppose the application he just left the matter to the court.
The court would be blind to the realities of 1: fe if it did not take judicial notice of the fact that "AIDS" is a grave sickness. The applicant is certainly suffering from grave sickness envisaged in section 14A of T. I. D, in court he appeared to be in a terrible condition he could not even stand as he looked too weak to do so. I hold that the applicant's condition cannot be properly attended to while he is in prison; his application for bail is granted. $\vec{H}_{\!\!\text{e}}$ is to be released on bail on the following conditions:- $...$ /2
- (a) He is to deposit with court cash bail bond of 50,000/= (shs fifty thousand only). - (b) He is to produce two sureties to be approved by the District Registrar and each is to sign a bond of 100,000/=(not cash). - He is to report to the chief magistrate's court at Jinja once $(c)$ in a month for extension of his bail starting from $15/4/94$ at 9.00 A. M. until the disposal of the case which is the subject of this application or until another order by the court of competent jurisdiction to the contrary.
$\mathcal{L} = \text{atip}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}} \mathcal{L}_{\mathcal{L}}$ 3/94: Applicant present. $16/3/94:$ Wamasebu for state,
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It has been discussed as
Baligeya court clerk. $\overline{R}$ uling is read, signed and dated. Court:
> C. M. KATO JUDGE. $16/3/94$
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