[2024] UGSC 36
The application for bail pending appeal was withdrawn by the applicant through counsel, citing medical reasons that are best managed while in custody. The withdrawal was communicated to the court and supported by medical documentation. The respondent raised no objection. Accordingly, the application was dismissed...
Source-derived case information.
- Citation
- [2024] UGSC 36
- Parties
- Applicant: Magino Joseph; Respondent: Uganda
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Application 1 of 2024
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- application dismissed (withdrawn)
- Judges
- Mike Chibita, JSC
- Legal Topics
- Bail Pending Appeal, Withdrawal of Application, Medical Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Magino Joseph
Applicant
Uganda
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of Criminal Appeal No. 45 of 2022.
- 2 Whether withdrawal of the bail application is permissible under the Rules of the Supreme Court.
Ratio Decidendi
The application for bail pending appeal was withdrawn by the applicant through counsel, citing medical reasons that are best managed while in custody. The withdrawal was communicated to the court and supported by medical documentation. The respondent raised no objection. Accordingly, the application was dismissed under Rule 2(2) of the Rules of the Supreme Court, which permits withdrawal of applications before the court. No further consideration of the merits of the bail application was undertaken.
Court Disposition
application dismissed (withdrawn)
Orders
- The application for bail pending appeal is dismissed under Rule 2(2) of the Rules of the Supreme Court.
Full Case Text
Judgment text and source record
23 paragraphs
## THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA
#### AT KAMPALA
#### (CORAM: CHIBITA, JSC;)
#### CRIMINAL APPLICATION NO. OO1 OF 20.24
t0
MAGINO JOSEPH APPLICANT
#### VERSUS
# o r5 UGANDA:::::::::::::::::::::::::::::: ::::RESPONDENT
lAlr appllcatlon Jor ball pendlng appeal arlsing from, crlmlntrl appeal No. 45 of 2O22)
o
-t5
### RULING OF MIKE J. CHIBITA, JSC
25 The applicant filed this application by Notice of Motion under the provisions of Rules 6(21(al, 42, 43(ll of the Rules of this Court, Article 23(6) and 126(21 of the Constitution of the Republic of Uganda and Rule 19 of the Constitution (Bail Guidelines for Courts of Judicature) (Practice)Directions, 2022, seeking that the applicant be released on bail pending the hearing and determination of his Criminal Appeal No.45 of 2022 by this Court.
30 The application was supported by the grounds set out in the affidavit of the applicant. The respondent filed an affidavit in objection to this application.
At the hearing of the application, Mr. Andrew Ssebugwawo represented the applicant, while Ms. Ainebyona Happiness, Chief State Attorney represented the respondent.
IO Counsel for the applicant however, applied to withdraw this application as instructed by the applicant. This, he stated, was due to medical reasons best managed while in custody as elucidated in a letter to the Registrar of this Court dated 2l"t Jwne, 2024 together with the medical report of the Prisons Medical Superintendent. There was no objection from the respondent. In the premises this application is dismissed under Rule 2(2) of the Rules of this Court.
3\ sl Dated at Kampala this day or. J.9.!y.zoz+.
MIKE J. CHIBITA JUSTICE OF THE ST'PRTME COURT
<sup>20</sup> \1t" Q-)r\ \gt.r., \s-\ \$\\_!
o
l5
/\
o a-^