[2022] UGSC 33
The Supreme Court dismissed the appeal because the appellant failed to comply with the mandatory timelines for filing the memorandum of appeal and submissions as previously ordered by the court. The appellant's counsel attempted to seek validation of the late filings through a letter, but did not make a formal...
Source-derived case information.
- Citation
- [2022] UGSC 33
- Parties
- Appellant: Semakula Grace; Respondent: Uganda
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal 74 of 2019
- Procedural Posture
- Criminal Appeal / Dismissal for Non Compliance With Filing Timelines
- Outcome
- appeal dismissed for non-compliance with filing timelines
- Judges
- Owiny-Dollo, CJ, Arach-Amoko, JSC, Tibatemwa-Ekirikubinza, JSC, Mugamba, JSC, Mike Chibita, JSC
- Legal Topics
- Appeal Procedure, Late Filing, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Semakula Grace
Appellant
Uganda
Respondent
Procedural Posture
Criminal Appeal / Dismissal for Non Compliance With Filing Timelines
Legal Issues
- 1 Whether the appellant complied with the court-ordered timelines for filing the memorandum of appeal and submissions.
- 2 Whether the court should validate late filings in the absence of a formal application.
Ratio Decidendi
The Supreme Court dismissed the appeal because the appellant failed to comply with the mandatory timelines for filing the memorandum of appeal and submissions as previously ordered by the court. The appellant's counsel attempted to seek validation of the late filings through a letter, but did not make a formal application as advised by the Registrar. In the absence of such an application, the court found no basis to validate or accept the late filings. The strict adherence to procedural rules and timelines is essential for the orderly administration of justice, and failure to comply without proper recourse leads to dismissal of the appeal.
Court Disposition
appeal dismissed for non-compliance with filing timelines
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
# THE REPUBLIC OF UGANDA
### IN THE SUPREME COURT OF UGANDA
#### AT KAMPALA
**TIBATEMWA-** $C. J.$ ARACH-AMOKO. OWINY-DOLLO, [CORAM: EKIRIKUBINZA, MUGAMBA & CHIBITA, JJ. S. C.]
### **CRIMINAL APPEAL NO.74 OF 2019**
#### **BETWEEN**
## SEMAKULA GRACE ::::::::::::::::::::::::::::::::::::
#### AND
**UGANDA :::::::::::::::::::::::::::::::::::**
# [Appeal from the decision of the Court of Appeal at Kampala (Egonda-Ntende, Obura, & Musota, JJA) dated 30<sup>th</sup> July, 2018 in Criminal Appeal No. 104 of 2013]
On 13<sup>th</sup> September, 2021 this appeal was before court for hearing. This court proceeded to give timelines for the filing of the memorandum of appeal, submissions as well as relevant authorities.
For the appellant the memorandum of appeal was to be filed on or before 17<sup>th</sup> September, 2021. Submissions were to follow on or before 20<sup>th</sup> September, 2021. For the respondent submissions were to be filed on or before 27<sup>th</sup> September, 2021. Rejoinder if any, was to be filed on or before 30<sup>th</sup> September, 2021.
The timelines were not adhered to by the appellant. It was not October, 2021 the memorandum of appeal and until $7^{th}$ submissions were filed in on his behalf. Court rejected to formally receive the memorandum and submissions on account of late filing. When counsel wrote a letter to court requesting for
$\mathbf{1}$
validation of the filing, the Registrar advised him to formally move court in order to secure validation.
To date no such application has been made to court.
Consequently, this appeal is dismissed.
Dated at Kampala this.................................... $\mathcal{R}$ $\mathcal{R}$ Hon. Justice Alfonse Chigamoy Owiny-Dollo **CHIEF JUSTICE** Meril Hon. Lady Justice Stella Arach-Amoko JUSTICE OF THE SUPREME COURT Libalemure. Hon. Lady Justice Prof. Lillian Tibatemwa-Ekirikubinza JUSTICE OF THE SUPREME COURT Hon. Justice Paul Kahaibale Mugamba JUSTICE OF THE SUPREME COURT m Ctalata Justice Mike C Hon. **JUSTICE OF THE SUPREME COURT** Delivered by the D/R as directed<br>by the Mon Justices today 14th-101-2022
$48$ bye 14/1/2022.