Wakilii

Ouma v Uganda (Criminal Application 17 of 2021)

Supreme Court · [2021] UGSC 50 · 2021 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application by notice of motion for leave to file a third appeal to the Supreme Court after the Court of Appeal refused a certificate of importance
Decision
Application for leave to lodge a third appeal dismissed

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Holding

The Supreme Court dismissed the application for leave to file a third appeal. Although under section 5(5) of the Judicature Act the Court may grant leave whenever, in its overall duty to see that justice is done, it considers an appeal should be heard, the justice of a case can only be discerned from the record. The applicant failed to attach the trial and appellate court records, so the Court could not be satisfied that the questions he raised had in fact been raised in the lower courts and improperly handled. The applicant also failed to specify the question of public or general importance. The application accordingly failed.

Facts

The applicant, the District Chairperson of Busia District, was charged in the Chief Magistrate's Court at Kololo with four corruption-related offences under the Anti-Corruption Act 2009: corruptly soliciting gratification, corruptly receiving gratification, and two counts of abuse of office. He was acquitted on counts I, III and IV and convicted on count II (corruptly receiving gratification), being fined UGX 2,000,000 or one year's imprisonment in default. His first appeal to the High Court was dismissed and the High Court upheld the conviction. His second appeal to the Court of Appeal was dismissed, and the Court of Appeal also refused his application for a certificate of importance to lodge a third appeal. He then applied to the Supreme Court for leave to file a third appeal, contending the case raised important questions on the evaluation of evidence in bribery trials and the defence of entrapment.

Issues

  1. Whether leave should be granted to the applicant under section 5(5) of the Judicature Act to lodge a third appeal to the Supreme Court following the Court of Appeal's refusal of a certificate of importance.
  2. Whether the applicant demonstrated a question of law of great public or general importance, or otherwise showed that justice required the appeal to be heard.

Orders

  • Application dismissed.

Key headnotes

Appeals — Third Appeal to Supreme Court — Leave under section 5(5) of the Judicature Act
The Supreme Court may grant leave to file a third appeal where, in its overall duty to see that justice is done, it considers that the appeal should be heard; it is not bound by the restrictions that govern the Court of Appeal when that court considers an application for a certificate of importance.
Certificate of Importance — Burden on Applicant — Proof from the Record
An applicant seeking leave to appeal on a question of great public or general importance must show how the question arises; the court will not rely on mere claims and must be satisfied, from a reading of the trial and appellate court records, that the question was raised in the lower courts and was not properly handled.
Applications — Evidential Foundation — Failure to Attach the Record
The justice of a case can only be discerned from the record and not from the mere allegations or dissatisfaction of an aggrieved party; an applicant's failure to attach the relevant court record negatively affects the credibility of the application and is fatal to it.

Legislation cited (6)

  • Judicature Act Cap 13 s.5(5)
  • Judicature (Supreme Court Rules) Directions SI 13-11 r.2(2)
  • Judicature (Supreme Court Rules) Directions SI 13-11 r.38(1)(b)
  • Anti-Corruption Act 2009 s.2(a)
  • Anti-Corruption Act 2009 s.26
  • Anti-Corruption Act 2009 s.11(1)

Cases cited (6)

  • Namuddu Christine v Uganda (Criminal Application No. 3 of 1999)
  • Kasoma Fred v Sembatya James (Civil Application No. 18 of 2016)
  • Cheptuke Kaye v Uganda (Criminal Appeal No. 1 of 2013)
  • Margaret Kato & anor v Nuulu Nalwoga (Civil Appeal No. 3 of 2013)
  • Hermanus Philipus Steyn v Giovanni Gnecchi-Ruscone (Civil Application No. 4 of 2012)
  • Pati Limited v Funzi Island Development Ltd (Civil Application No. 4 of 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.