[2015] UGHCCRD 58

[2015] UGHCCRD 58

The court allowed the application by consent of both parties, granting the applicants leave to file an appeal out of time against the judgment in Luweero Criminal Case No. 95 of 2013. The absence of opposition from the respondent and the applicants' undertaking to file the necessary documents within the specified period justified the exercise of the court's discretion to extend time for appeal. The decision was made to ensure that the applicants' right to appeal is not unduly restricted by procedural timelines, especially where the respondent consents.

Citation
[2015] UGHCCRD 58
Parties
Applicant: Owire Nicholas; Applicant: Bikandema John; Applicant: Kilamus Vincent; Respondent: Uganda
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
20 August 2015
Case Number
Criminal Application No. 58 of 2015
Procedural Posture
Criminal Application / Ruling
Outcome
application allowed
Judges
Murangira, J
Legal Topics
Extension of Time, Leave to Appeal, Criminal Procedure
Source Language
English
Criminal Law Extension of Time Leave to Appeal Criminal Procedure

Case Brief

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Parties

Owire Nicholas

Applicant

Bikandema John

Applicant

Kilamus Vincent

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Ruling

Legal Issues

  1. 1 Whether the applicants should be granted leave to file an appeal out of time against the judgment in Luweero Criminal Case No. 95 of 2013.

Ratio Decidendi

The court allowed the application by consent of both parties, granting the applicants leave to file an appeal out of time against the judgment in Luweero Criminal Case No. 95 of 2013. The absence of opposition from the respondent and the applicants' undertaking to file the necessary documents within the specified period justified the exercise of the court's discretion to extend time for appeal. The decision was made to ensure that the applicants' right to appeal is not unduly restricted by procedural timelines, especially where the respondent consents.

Court Disposition

application allowed

Orders

  • The applicants are granted leave to file an appeal out of time against the judgment in Luweero Criminal Case No. 95 of 2013.
  • The applicants shall file in Court a Notice of Appeal and Memorandum of Appeal by the 2nd September, 2015 and serve the respondent on that same date.