[2021] UGHCCRD 64
The court found that the applicant demonstrated sufficient cause for failing to file the notice of appeal within the statutory 14-day period. The evidence showed that the applicant was detained during the Christmas holiday season, a period when public offices operate at reduced capacity, and faced logistical...
Source-derived case information.
- Citation
- [2021] UGHCCRD 64
- Parties
- Applicant: Lubega Ashraf; Respondent: Uganda
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Miscellaneous Application 9 of 2020
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application_granted
- Judges
- Elubu, J
- Legal Topics
- Extension of Time, Appeal Out of Time, Conviction and Sentence, Judicial Discretion
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lubega Ashraf
Applicant
Uganda
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time.
- 2 Whether the applicant was prevented by circumstances beyond his control from lodging the notice of appeal within the statutory period.
Ratio Decidendi
The court found that the applicant demonstrated sufficient cause for failing to file the notice of appeal within the statutory 14-day period. The evidence showed that the applicant was detained during the Christmas holiday season, a period when public offices operate at reduced capacity, and faced logistical challenges including lack of stationary and legal assistance. The applicant initiated steps to appeal as soon as circumstances permitted, as evidenced by his submission of papers to the OC Prison for sanctioning on 21st January 2020. The court exercised its discretionary power under Section 31 of the Criminal Procedure Code Act to grant the extension, concluding that the delay was...
Court Disposition
application_granted
Orders
- Leave is granted to the applicant to file an appeal out of time.
Full Case Text
Judgment text and source record
20 paragraphs
## **THE REPUBLIC OF UGANDA**
## **IN THE HIGH COURT OF UGANDA AT KAMPALA**
## **CRIMINAL MISC. APPL. No 9 of 2020**
**LUBEGA ASHRAF ::::::::::::::::::::::::::::::::: APPLICANT**
*Versus*
**UGANDA ::::::::::::::::::::::::::::::::::: RESPONDENT**
## **BEFORE: HON. MR. JUSTICE MICHAEL ELUBU RULING**
This application is commenced under Section 28 (6) and 31 of **the Criminal Procedure Code Act.**
The applicant is **Lubega Ashraf** seeks orders that:
- He be granted leave to file an appeal out of time.
The grounds on which this application is premised are laid out in the Notice of Motion and elaborated in the accompanying affidavit affirmed by the applicant.
The applicant states that he was charged with the offences of Theft and Threatening Violence at the Magistrate Grade I Court sitting at Makindye. He was tried, and then convicted on the 16th day of December 2019. The Court handed down a sentence of 6 years and ordered him to pay compensation of 10,000,000/- (Ten Million Shillings).
The applicant states that though he intended to appeal, both against conviction and sentence, was unable to because he was impecunious and had no access to legal services. That it was the Christmas break and there was a lack of stationary at the Kampala Remand Prison where he was in detention. He implores the court to allow him appeal out of time.
The respondent opposes the application. That the reasons given by the applicant are not plausible.
Under Section 31 of **the Criminal Procedure Code Act**, this Court has the mandate to extend time within which to file an appeal. It is a discretionary power which is exercised where good cause is established. Such good cause would ordinarily include evidence to show that the applicant has not been dilatory in his actions and has, by sufficient reason, been prevented from acting within the 14 days within which he should lodge the Notice of Appeal.
In this instant case the sentence was handed down on the 16th of December 2019. This application was filed in this case on the 6th of February 2020. The applicant had however put his papers before the OC Prison for sanctioning on the 21st of January 2020.
From all the circumstances shown in the evidence adduced in the affidavit, it is my view that this is a proper case for extension. The holiday season is notoriously slow in Uganda and many public offices operate at a fraction of their usual capacity. That explains the complaints cited which prevented the applicant to file a notice within the 14 days.
In view of the above the application to extend time within which to appeal is hereby granted.
**……………………………..**
**Michael Elubu Judge 19.3.21**