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30 Jan 2023

Criminal Law [2023] UGCA 32

Lt. Moro and Another v Uganda

Lt. Moro and Another v Uganda (Criminal Appeal No. 370 of 2017) [2023] UGCA 32 (30 January 2023)

Court: Court of Appeal of Uganda
Case number: Criminal Appeal No. 370 of 2017
Judge: Musoke, JA, Gashirabake, JA, Luswata, JA

The Court of Appeal lacks jurisdiction to entertain appeals from the Court Martial Appeal Court except where the conviction involves a sentence of death or life imprisonment. The statutory framework, specifically Regulation 20 of the Uganda People's Defence Forces (Court Martial Appeal Court) Regulations, makes decisions of the Court Martial Appeal Court final, with only a narrow exception for death or life imprisonment sentences. The appellants were sentenced to 15 years imprisonment, which does not fall within the exception. Jurisdiction is fundamental and cannot be conferred by consent or…

Source excerpt

Jurisdiction Of Appellate Courts
Finality Of Court Martial Appeal Decisions
Statutory Right Of Appeal

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28 Sept 2022

Criminal Law [2022] UGCA 239

Kasiita and 2 Others v Uganda

Kasiita and 2 Others v Uganda (Criminal Appeal No. 57 of 2018) [2022] UGCA 239 (28 September 2022)

Court: Court of Appeal of Uganda
Case number: Criminal Appeal No. 57 of 2018
Judge: Musoke, JA, Gashirabake, JA, Luswata, JA

The Court of Appeal held that it lacks jurisdiction to hear appeals from the Court Martial Appeal Court, as appellate jurisdiction must be expressly conferred by statute. Regulation 20 of the Uganda People's Defence Forces (Court-Martial Appeal Court) Regulations provides that decisions of the Court Martial Appeal Court are final. The UPDF Act does not grant a right of appeal to the Court of Appeal from the Court Martial Appeal Court. Therefore, the appeal before the Court of Appeal is incompetent and must be struck out. The court declined to consider the merits of the grounds raised by the a…