[2015] UGHCCRD 53
The court found that the appellant had demonstrated lack of interest in prosecuting the appeal, as evidenced by his absence, his counsel's refusal to accept service, and the fact that he had already paid the fine and compensation ordered by the trial court. Upon application by the respondent's counsel, the court...
Source-derived case information.
- Citation
- [2015] UGHCCRD 53
- Parties
- Appellant: Oyirworth Godfrey; Respondent: Uganda
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 115 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution; conviction and sentence upheld
- Judges
- Murangira, J
- Legal Topics
- Appeal Dismissal, Want of Prosecution, Sentence Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oyirworth Godfrey
Appellant
Uganda
Respondent
Procedural Posture
Criminal Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's lack of interest.
- 2 Whether the conviction and sentence of the trial court should be upheld.
Ratio Decidendi
The court found that the appellant had demonstrated lack of interest in prosecuting the appeal, as evidenced by his absence, his counsel's refusal to accept service, and the fact that he had already paid the fine and compensation ordered by the trial court. Upon application by the respondent's counsel, the court exercised its discretion under Section 44(1)(b) of the Criminal Procedure Code Act to dismiss the appeal for want of prosecution. Consequently, the conviction and sentence of the trial magistrate were upheld.
Court Disposition
appeal dismissed for want of prosecution; conviction and sentence upheld
Orders
- The appeal is dismissed for want of prosecution.
- The conviction and sentence by the trial magistrate are upheld.
Full Case Text
Judgment text and source record
16 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA**
**CRIMINAL DIVISION**
**CRIMINAL APPEAL NO. 115 OF 2014**
**(Arising from Buganda Road Court Criminal Case No.174 of 2013)**
**OYIRWORTH GODFREY :::::::::::::::::::::::::::::::::::::::::::::::::::::APPELLANT**
**VERSUS**
**UGANDA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT**
**RULLING BY HON. MR. JUSTICE JOSEPH MURANGIRA**
The appeal No. 115 of 2014 came up for hearing today. Counsel for the respondent, Ms. Jacquelyn Okui, Senior State Attorney is in Court. The appellant and his Counsel are absent. There is an affidavit of service on record which reads that Counsel for the appellant refused service of the Court documents, saying that their client was no longer interested in this appeal.
Further, I have perused the lower Court record and noted that the appellant served his sentence by paying the fine of Shs.700,000/=. Shs. 600,000/= was paid and received by the complainant, Kimbwebwe Josephat on 31/10/2014. He acknowledged receipt of the said monies in his own handwriting on a request letter for his compensation, filed in Court. That explains lack of interest in this appeal by the appellant.
Further, upon an application by Counsel for the respondent to have this appeal dismissed for want of prosecution, I hereby dismissed this appeal pursuant to Section 44 (1) (b) of the Criminal Procedure Code Act, Cap.116 laws of Uganda.
Accordingly, therefore, the conviction and sentence by the Trial Magistrate are upheld.
**Joseph Murangira**
**Judge**
**12/8/2015**