Wakilii

Kalibala Nalwemanyidde v Uganda (Misc. Cr. Application No. 3 94)

High Court · [1994] UGHCCRD 1 · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on charge of issuing a false cheque
Decision
Applicant remanded in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the bail application, holding that the applicant failed to prove grave sickness within the meaning of section 14A of the Trial on Indictments Act as amended. Medical evidence of high blood pressure treatment did not establish that the condition was grave or could not be effectively managed in prison.

Outcome

Applicant remanded in custody pending trial

Facts

The applicant, Kalibala Nalwemanyidde, was charged with issuing a false cheque contrary to section 364(1)(b) of the Penal Code Act as amended by Statute 4A of 1990. He applied for bail under section 14A of the Trial on Indictments Act as amended by Statute 5 of 1990. The applicant sought release on grounds of sickness, submitting that he suffered from high blood pressure. He produced two medical chits from Mengo Nursing Home dated 10 December 1993 showing he had been on treatment for high blood pressure. The State, represented by Mr. Wamasebu, opposed the application.

Issues

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

Orders

  • Application for bail dismissed.

Rules and key headnotes

Bail — Offence of Issuing False Cheque — Special Circumstances under Trial on Indictments Act s.14A
A person charged with the offence of issuing a false cheque under section 364(1)(b) of the Penal Code Act can only be released on bail if he proves the existence of special circumstances under section 14A of the Trial on Indictments Act, namely: 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 his release.
Bail — Burden of Proof — Grave Sickness
An applicant seeking bail on grounds of sickness must prove that the sickness is grave within the meaning of section 14A of the Trial on Indictments Act, and must further show that the ailment cannot be effectively attended to at the prison where he is detained.
Medical Evidence — Sufficiency for Bail Application
Medical chits showing treatment for high blood pressure, without evidence that the condition is grave or cannot be managed in prison, are insufficient to establish special circumstances for the grant of bail under section 14A of the Trial on Indictments Act.

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 (Misc. Cr. Application No. 3_94) [1994] UGHCCRD 1 (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.