Uganda Case Law

Muwonge Issa & Another v Uganda

Muwonge Issa & Another v Uganda (Criminal Appeal No. 38 And 39 of 2015) [2020] UGCA 2081 (10 March 2020)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 38 And 39 of 2015

Judge

Kakuru, JA, Madrama, JA, Egonda-Ntende, JA

The absence of the trial court judgment renders the record of appeal incomplete and makes it impossible for the Court of Appeal to hear and determine the appeal on its merits. The appellants and the court took reasonable steps to obtain the judgment, but all efforts failed. This situation prejudices the appellants' constitutional right to appeal. Given the appellants have already spent over nine years in custody, ordering a retrial would be unjust and a travesty of justice. The only appropriate remedy is to quash the convictions and set aside the sentences, with immediate release unless held…

Source excerpt

• Right To Appeal
• Missing Judgment
• Court Record Integrity