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Ssemugoma and 2 Others v Uganda and Others (Criminal Appeal No. 0112 of 2018; Criminal Appeal No. OO91 of 2018) [2023] UGCA 379 (19 September 2023)
- Citation
- [2023] UGCA 379
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire JA, Muzamiru, JA, Kihika ,JA
- Case number
- Criminal Appeal No. 0112 of 2018 ; Criminal Appeal No. OO91 of 2018
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire JA, Muzamiru, JA, Kihika ,JA
- Case number
- Criminal Appeal No. 0112 of 2018 ; Criminal Appeal No. OO91 of 2018
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal determined that proceeding with an incomplete Record of Appeal would undermine the interests of justice and procedural fairness. The court exercised its inherent powers to direct the parties to cooperate in compiling a complete record, setting clear timelines and scheduling a mention date for review. The court emphasized that only upon confirmation of a complete record would it allow the parties to file fresh written submissions and proceed with the hearing, thereby safeguarding the integrity of the appellate process.
Court disposition
Directions issued for completion of Record of Appeal; hearing adjourned pending compliance.
Orders
- The parties are to be summoned by the Registrar to review and cooperate in compiling a complete Record of Appeal by 13th October 2023.
- The matter is fixed for mention before the court on 19th October 2023 at 9:30am for an update on the Record of Appeal.
- If the Record is found complete, the court will schedule the filing of fresh written submissions.
02
Material facts
Parties
Joe Ssemugoma
AppellantAppolo Senkeeto
AppellantWilberforce Senjako
AppellantUganda
RespondentHon. Eng. Abraham James Byandala
RespondentEng. Berunado Ssebugga Kimeze
RespondentMarvin Baryaruha
RespondentMugote Isaac
Respondent03
Procedural history
Posture
Criminal Appeal / Pre Hearing; Record Review and Directions
04
Questions and positions
Legal issues
- 01
Whether the appeal can proceed with an incomplete Record of Appeal.
- 02
What directions should be given to ensure a complete Record of Appeal is constituted.
Party arguments
- Applicant
- The applicants submitted that the Record of Appeal was incomplete and that the appeal should not proceed until a complete record is available. They requested the court to direct the parties to cooperate in compiling a full record to ensure fairness and proper adjudication.
- Respondent
- The respondent acknowledged the state of the Record of Appeal and agreed that the matter should not proceed until the record is complete. They supported the proposal for parties to work together under the court's direction to finalize the record.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal procedural rules and principles of natural justice.
A complete Record of Appeal is essential for the fair hearing and determination of an appeal.
- 02
Court of Appeal Act; general principles of judicial administration.
The court has inherent power to issue directions to ensure proper case management and procedural fairness.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal determined that proceeding with an incomplete Record of Appeal would undermine the interests of justice and procedural fairness. The court exercised its inherent powers to direct the parties to cooperate in compiling a complete record, setting clear timelines and scheduling a mention date for review. The court emphasized that only upon confirmation of a complete record would it allow the parties to file fresh written submissions and proceed with the hearing, thereby safeguarding the integrity of the appellate process.
Obiter and limits
- The court cannot rely on submissions filed when the Record of Appeal is incomplete.
- Parties must cooperate to ensure the appeal is ready for hearing.
Court disposition
Directions issued for completion of Record of Appeal; hearing adjourned pending compliance.
- The parties are to be summoned by the Registrar to review and cooperate in compiling a complete Record of Appeal by 13th October 2023.
- The matter is fixed for mention before the court on 19th October 2023 at 9:30am for an update on the Record of Appeal.
- If the Record is found complete, the court will schedule the filing of fresh written submissions.
Source and reliance status
Court of Appeal 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.
Court of Appeal of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CRIMINAL APPEAL NO. OO91 OF 2018
1. JOE SSEMUGOMA
\
2. APPOLO SENKEETO
,/ =======[ppf LLANTS
3. WILBERFORCE SENJAKO
VERSUS
o UGANDA ======= RESPONDENT
AND
CRIMINAL APPEAL NO. 0112 OF 2018
UGAN DA- =--======== ======== = == ========= ============= == = =[p <sup>P</sup>E LLANT
VERSUS
1. HON. ENG. ABRAHAM JAMES BYANDALA
2, ENG. BERUNADO SSEBUGGA KIMEZE
3. JOE SSEMUGOMA
4. MARVIN BARYARUHA
5. APPOLLO SENKEETO
5. MUGOTE ISAAC
7. WILBERFORCE SENJAKO
CORAM:
o
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU KIBEEDI, JA
HON. MR. JUSTICE OSCAR KIHIKA, JA
<sup>=</sup>== === == == === RESPO N DENTS
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RULING OF COURT
We have considered the submissions of the parties in this appealwith regard to the state of the Record of Appeal in this matter.
We find that in the interests of Justice that a complete Record of Appealshould be put together before we hear the appeal. lt is also clear in our minds that we cannot rely on the submission filed by some of the parties now on Court Record when the Record of Appeal is incomplete.
Taking all this into account this court now directs and orders the parties as follows;
- 1. That the parties be summoned by the Registrar of this court to review the current Record of Appeal now on file and work and co-operate together to ensure that a complete Record of Appeal is constituted ready for hearing. This should be done not later than 13th October 2023. - 2. That this matter be fixed for mention before this court on the 19th October 2013 at 9:30am for court to be updated as to the Record. lf the Record is found to be complete then the court shall give a new schedule for parties to file fresh written submissions.
O We so order.
I
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Dated at Kampala this r1+\* day Sefuiwo. zozz
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
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HON. MR. JUSTICE MUZAMIRU M. KIBEEDI, JA
HON. MR. JUSTICE OSCAR KIHIKA, JA
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