Augustino Okware Achodoto v Uganda (Cr.App.No.4 of 1978)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The applicant sought an extension of time under Rule 4 of the Court of Appeal Rules to file a Memorandum of Appeal that was nine days out of time, the delay being attributed to counsel's illness after receiving the proceedings. The application was unopposed. The Court granted the extension, finding good cause existed and that it was in the interest of justice for the applicant to be heard on the merits. However, the Court cautioned that an advocate's illness does not invariably constitute sufficient reason to extend time, and suggested advocates avoid solo practice to prevent such situations. The Memorandum already filed was to be treated as filed in time.
Outcome
Extension of time granted; Memorandum of Appeal treated as filed in time so the appeal may proceed on the merits
Facts
The applicant sought an order extending the time within which the Memorandum of Appeal should be filed in an appeal from a judgment of the High Court at Tororo dated 31st August 1977 in Criminal Session Case No. 115 of 1977. According to the affidavit sworn by the applicant's counsel, there was a delay of 23 days from the time the record was served, and the Memorandum, filed on 8th July 1978, was nine days out of time. The delay was explained as arising from the sickness of the advocate soon after he received the proceedings. Counsel for the respondent did not oppose the application, acknowledging that the applicant's advocate acted expeditiously to file the Memorandum as soon as he recovered, though he noted that failure to comply with the Rules as to time can prejudice the Director of Public Prosecutions because files are put away after the stipulated time.
Issues
- Whether the applicant established good cause to extend the time within which to file the Memorandum of Appeal out of time.
Orders
- Application granted.
- The Memorandum of Appeal filed shall be treated as having been filed in time.
Rules and key headnotes
Legislation cited (1)
- Court of Appeal Rules r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.