[2023] UGCA 379
The Court of Appeal determined that proceeding with an incomplete Record of Appeal would undermine the interests of justice and procedural fairness. The court exercised its inherent powers to direct the parties to cooperate in compiling a complete record, setting clear timelines and scheduling a mention date for...
Source-derived case information.
- Citation
- [2023] UGCA 379
- Parties
- Appellant: Joe Ssemugoma; Appellant: Appolo Senkeeto; Appellant: Wilberforce Senjako; Respondent: Uganda; Respondent: Hon. Eng. Abraham James Byandala; Respondent: Eng. Berunado Ssebugga Kimeze; Respondent: Marvin Baryaruha; Respondent: Mugote Isaac
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 0112 of 2018 ; Criminal Appeal No. OO91 of 2018
- Procedural Posture
- Criminal Appeal / Pre Hearing; Record Review and Directions
- Outcome
- Directions issued for completion of Record of Appeal; hearing adjourned pending compliance.
- Judges
- Kiryabwire JA, Muzamiru, JA, Kihika ,JA
- Legal Topics
- Appeal Record Preparation, Court Directions, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Ssemugoma
Appellant
Appolo Senkeeto
Appellant
Wilberforce Senjako
Appellant
Uganda
Respondent
Hon. Eng. Abraham James Byandala
Respondent
Eng. Berunado Ssebugga Kimeze
Respondent
Marvin Baryaruha
Respondent
Mugote Isaac
Respondent
Procedural Posture
Criminal Appeal / Pre Hearing; Record Review and Directions
Legal Issues
- 1 Whether the appeal can proceed with an incomplete Record of Appeal.
- 2 What directions should be given to ensure a complete Record of Appeal is constituted.
Ratio Decidendi
The Court of Appeal determined that proceeding with an incomplete Record of Appeal would undermine the interests of justice and procedural fairness. The court exercised its inherent powers to direct the parties to cooperate in compiling a complete record, setting clear timelines and scheduling a mention date for review. The court emphasized that only upon confirmation of a complete record would it allow the parties to file fresh written submissions and proceed with the hearing, thereby safeguarding the integrity of the appellate process.
Court Disposition
Directions issued for completion of Record of Appeal; hearing adjourned pending compliance.
Orders
- The parties are to be summoned by the Registrar to review and cooperate in compiling a complete Record of Appeal by 13th October 2023.
- The matter is fixed for mention before the court on 19th October 2023 at 9:30am for an update on the Record of Appeal.
Full Case Text
Judgment text and source record
41 paragraphs
# THE REPUBLIC OF UGANDA
## IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
## CRIMINAL APPEAL NO. OO91 OF 2018
1. JOE SSEMUGOMA
\
2. APPOLO SENKEETO
,/ =======[ppf LLANTS
3. WILBERFORCE SENJAKO
#### VERSUS
o UGANDA ======= RESPONDENT
### AND
### CRIMINAL APPEAL NO. 0112 OF 2018
UGAN DA- =--======== ======== = == ========= ============= == = =[p <sup>P</sup>E LLANT
#### VERSUS
1. HON. ENG. ABRAHAM JAMES BYANDALA
2, ENG. BERUNADO SSEBUGGA KIMEZE
3. JOE SSEMUGOMA
4. MARVIN BARYARUHA
5. APPOLLO SENKEETO
5. MUGOTE ISAAC
7. WILBERFORCE SENJAKO
CORAM:
o
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU KIBEEDI, JA
HON. MR. JUSTICE OSCAR KIHIKA, JA
<sup>=</sup>== === == == === RESPO N DENTS
e,..f3 ,,& \oJ S/)rq:,-- 9
# RULING OF COURT
We have considered the submissions of the parties in this appealwith regard to the state of the Record of Appeal in this matter.
We find that in the interests of Justice that a complete Record of Appealshould be put together before we hear the appeal. lt is also clear in our minds that we cannot rely on the submission filed by some of the parties now on Court Record when the Record of Appeal is incomplete.
Taking all this into account this court now directs and orders the parties as follows;
- 1. That the parties be summoned by the Registrar of this court to review the current Record of Appeal now on file and work and co-operate together to ensure that a complete Record of Appeal is constituted ready for hearing. This should be done not later than 13th October 2023. - 2. That this matter be fixed for mention before this court on the 19th October 2013 at 9:30am for court to be updated as to the Record. lf the Record is found to be complete then the court shall give a new schedule for parties to file fresh written submissions.
O We so order.
I
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Dated at Kampala this r1+\* day Sefuiwo. zozz
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
$\frac{1}{2}$
HON. MR. JUSTICE MUZAMIRU M. KIBEEDI, JA
HON. MR. JUSTICE OSCAR KIHIKA, JA