Wakilii

Kalibala Nalwemanyidde v Uganda [1994] UGHC 199

High Court · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on a criminal charge
Decision
Bail refused; applicant remains in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed a bail application by an accused person charged with issuing a false cheque. The court held that the applicant failed to prove grave sickness as required by section 14A of the Trial on Indictments Act. High blood pressure, though evidenced by medical records, did not constitute the grave sickness envisaged by the statute, nor was there evidence that treatment could not be provided in prison.

Outcome

Bail refused; applicant remains in custody pending trial

Facts

Kalibala Nalwemanyidde was charged with issuing a false cheque contrary to section 364(1)(b) of the Penal Code Act as amended. He applied for bail under section 14A of the Trial on Indictments Act as amended by Statute 5 of 1990. The applicant claimed he suffered from high blood pressure and submitted two medical chits from Mengo Nursing Home dated from 10 December 1993 showing treatment for that condition. The prosecution, represented by Mr. Wamasebu, opposed the application. Section 14A permits bail only upon proof of special circumstances including grave sickness, advanced age or infancy, remand exceeding 15 months, or no objection from the Director of Public Prosecutions.

Issues

  1. Whether the applicant proved the existence of special circumstances within the meaning of section 14A of the Trial on Indictments Act to warrant release on bail.

Orders

  • Application dismissed.

Rules and key headnotes

Bail — Special Circumstances under Section 14A of Trial on Indictments Act — Grave Sickness
A person charged with issuing a false cheque contrary to section 364(1)(b) of the Penal Code Act can only be released on bail if he proves the existence of special circumstances, including that he is gravely sick, of advanced age or an infant, has been on remand for over 15 months, or that the Director of Public Prosecutions does not object to release.
Bail — Grave Sickness — Burden of Proof — High Blood Pressure
An applicant seeking bail on grounds of grave sickness must prove not only that he suffers from a medical condition, but that the condition is grave within the meaning of section 14A of the Trial on Indictments Act, and that it cannot be effectively treated at the place of detention. High blood pressure, without further evidence of severity or unavailability of prison medical treatment, does not constitute grave sickness sufficient to warrant bail.

Legislation cited (2)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kalibala Nalwemanyidde v Uganda 1994 UGHC 199 (4 March 1994)
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.