[1990] UGSC 9

[1990] UGSC 9

The Supreme Court held that the absence of the entire High Court record made it impossible to effectively hear the appeal or re-evaluate the evidence. The judgment from the lower court was confused and did not clearly address the issues, particularly the contrast between the prosecution and defence cases and the application of the law on difficult points. The court was not satisfied that the issues were soundly dealt with or that the directions on corroboration were adequate. Given these uncertainties and the lack of a record, the court concluded that the proper course was to order a retrial, provided it was possible, rather than acquit or dismiss the appeal outright. The conviction and...

Citation
[1990] UGSC 9
Parties
Appellant: Christopher Kasolo; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
7 January 1990
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
appeal allowed; conviction quashed; sentence set aside; retrial ordered
Legal Topics
Lost Trial Record, Right of Appeal, Retrial Orders
Source Language
English
Criminal Law Civil Procedure Lost Trial Record Right of Appeal Retrial Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Kasolo

Appellant

Uganda

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether an appeal can be effectively heard when the entire High Court record is missing.
  2. 2 What is the appropriate remedy when the appellate court cannot re-evaluate the evidence due to a missing record.

Ratio Decidendi

The Supreme Court held that the absence of the entire High Court record made it impossible to effectively hear the appeal or re-evaluate the evidence. The judgment from the lower court was confused and did not clearly address the issues, particularly the contrast between the prosecution and defence cases and the application of the law on difficult points. The court was not satisfied that the issues were soundly dealt with or that the directions on corroboration were adequate. Given these uncertainties and the lack of a record, the court concluded that the proper course was to order a retrial, provided it was possible, rather than acquit or dismiss the appeal outright. The conviction and...

Court Disposition

appeal allowed; conviction quashed; sentence set aside; retrial ordered

Orders

  • The appeal is allowed.
  • The conviction of the appellant is quashed.