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Uganda decisions
Decisions matching the current search
Sserunkuma v Uganda (Criminal Appeal 9 of 2019) [2023] UGHCCRD 79 (14 March 2023)
The High Court ordered a retrial after the lower court record was irretrievably lost, finding the missing record prevented a fair appeal on conviction and sentence.
Sserunkuma v Uganda (Criminal Appeal 9 of 2019) [2023] UGHCCRD 62 (14 March 2023)
High Court ordered a retrial after the lower court record in a criminal appeal was irretrievably lost, finding the appellant would be prejudiced without it.
Mugisha v Uganda (Criminal Appeal No. 309 of 2010) [2021] UGCA 138 (20 July 2021)
The Court found that although the notice of appeal was filed out of time, the loss of the trial record could have impeded the appellant from applying for leave, and substantive justice required extension of time. The right to appeal is fundamental and should not be defeated by the State's failure to provide the record. However, the Court distinguished the present case from Tuuni Stephen & Another v. Uganda, noting that the appellant had served only a small portion of his sentence. In balancing the rights of the appellant, the State, and victims, the Court held that the appropriate remedy was…
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Kiyimba Ronald v Uganda (Criminal Appeal No. 102 of 2011) [2020] UGCA 2037 (10 March 2020)
The Court of Appeal held that the failure to provide the appellant with a certified copy of the trial court judgment constituted a violation of his fundamental right to a fair hearing under Articles 28(1), 28(6), and 126(2)(b) of the Constitution. Without the trial court judgment, the appellate court could not determine the appeal on its merits, and the appellant could not properly prosecute his appeal. The court found that efforts to recover the missing judgment were unsuccessful and that the only appropriate remedy was to quash the convictions and set aside the sentences. The court declined…
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Nsimbe Godfrey v Uganda (Criminal Appeal No. 361 of 2014) [2018] UGCA 69 (30 July 2018)
The Court of Appeal quashed a murder conviction and sentence because vital parts of the trial record were missing, and ordered a retrial in the interests of justice.
