[2021] UGHCCRD 91
The court determined that proceeding with the appeal in the absence of the respondent, who had not been served, would be contrary to the interests of justice and the principles of a fair hearing. The court emphasized that all parties must be present or properly notified before a matter can be heard. Given the age of...
Source-derived case information.
- Citation
- [2021] UGHCCRD 91
- Parties
- Appellant: Uganda; Respondent: Safina Namuyaba
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal 74 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- Elubu, J
- Legal Topics
- Intermeddling Offence, Administrator General Act, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Appellant
Safina Namuyaba
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal could proceed in the absence of the respondent who had not been served.
- 2 Whether it was in the interest of justice to proceed with the appeal given the respondent's absence.
Ratio Decidendi
The court determined that proceeding with the appeal in the absence of the respondent, who had not been served, would be contrary to the interests of justice and the principles of a fair hearing. The court emphasized that all parties must be present or properly notified before a matter can be heard. Given the age of the appeal and the failure to serve the respondent, the court dismissed the appeal but left open the possibility for the appellant to trace and serve the respondent, after which the appeal could be revived and heard in the presence of all parties.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The appellant may trace and serve the respondent and advise the court accordingly for the appeal to be heard in the presence of all parties.
Full Case Text
Judgment text and source record
15 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA**
## **CRIMINAL APPEAL No 74 OF 2019**
#### **(Arising from Makindye Magistrates Court Case No 78 of 2019)**
| UGANDA | :::::::::::::::::::::::: | APPELLANT | |-----------------|--------------------------|------------| | | vs | | | SAFINA NAMUYABA | ::::::::::::::::::::::: | RESPONDENT |
### **BEFORE: HON. MR. JUSTICE MICHAEL ELUBU**
#### **JUDGMENT**
This is an appeal lodged by the State against the judgment and orders of **HW Gakyaro Allan,** Magistrate Grade I, who acquitted the respondent on a charge of Intermeddling c/s 11 (1) and (2) of **the Administrator General Act**.
The brief background is that the appellant being dissatisfied with the findings of the lower Court lodged this appeal on the 11th of July 2019.
On the 10th of October 2019 the appeal was called for hearing. The respondent was absent because she had not been served. Counsel for the appellant accordingly prayed for an adjournment to serve the respondent. The matter was according adjourned to the 23rd of October 2019. It appears the case became dormant at that stage.
On the 6th of July 2021 this court issued timelines for hearing. The process server effected service of the timelines on the appellant but was unable to trace the respondent.
In light of the foregoing and considering how old this appeal is, it would not be in the interest of justice to proceed with it in these circumstances. Let the appellants trace for the respondent and advise the court accordingly. When that is done the appeal can be heard in the presence of all parties.
Otherwise the appeal is dismissed.
**……………………………….. Michael Elubu**
**Judge**
**7.10.2021**