Ssemugoma and 2 Others v Uganda and Others (Criminal Appeal No. 0112 of 2018; Criminal Appeal No. OO91 of 2018)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

In two consolidated criminal appeals, the court considered the parties' submissions on the state of the Record of Appeal. It found that in the interests of justice a complete Record of Appeal must be constituted before the appeal could be heard, and that it could not rely on submissions already filed while the Record remained incomplete. The court directed the Registrar to summon the parties to review and cooperate in completing the Record by 13 October 2023, and fixed the matter for mention on 19 October 2023 to be updated on the Record, after which, if complete, a new schedule for fresh written submissions would be given.

Facts

The matter comprised two consolidated criminal appeals before the Court of Appeal. The parties made submissions regarding the state of the Record of Appeal then on the court file. The court found the Record of Appeal to be incomplete and considered that it could not rely on submissions already filed by some parties while the Record remained incomplete.

Issues

1. Whether the appeal could be heard while the Record of Appeal on file was incomplete.

Orders

• The parties be summoned by the Registrar to review the current Record of Appeal and cooperate to ensure a complete Record of Appeal is constituted ready for hearing, not later than 13th October 2023.
• The matter be fixed for mention before the court on 19th October 2023 at 9:30am for the court to be updated on the Record; if found complete, the court shall give a new schedule for parties to file fresh written submissions.