Semakula v Uganda (Criminal Appeal 74 of 2019)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

The Supreme Court dismissed the criminal appeal for non-compliance with the filing timelines it had fixed. The court had set deadlines for the appellant to file his memorandum of appeal (by 17 September 2021) and submissions (by 20 September 2021), but these were not adhered to. The documents were filed late on 7 October 2021 and the court declined to formally receive them. The appellant was advised to formally apply to court for validation of the late filing but no such application was ever made. Consequently the appeal was dismissed.

Facts

The appellant appealed to the Supreme Court against the decision of the Court of Appeal dated 30 July 2018 in Criminal Appeal No. 104 of 2013. On 13 September 2021 the appeal came before the court for hearing, and the court set timelines for filing the memorandum of appeal, submissions, and authorities. The appellant was to file his memorandum of appeal on or before 17 September 2021 and submissions on or before 20 September 2021; the respondent's submissions were due by 27 September 2021 and any rejoinder by 30 September 2021. The appellant did not meet these timelines. His memorandum of appeal and submissions were filed late, on 7 October 2021. The court declined to formally receive the late documents. When counsel wrote requesting validation of the filing, the Registrar advised him to formally move the court to secure validation, but no such application was made.

Issues

1. Whether the appeal should be dismissed for the appellant's failure to file the memorandum of appeal and submissions within the timelines set by the court.

Orders

• Appeal dismissed.