Kashaka v Uganda (Miscellaneous Application 6 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On an application for a certificate of urgency to have a bail-pending-appeal application heard during the Supreme Court vacation, the single Justice held that the applicant had met the criteria. The applicant was of advanced age and suffered numerous life-threatening ailments requiring specialised treatment unavailable at the detention facility, while his bail application had coincided with the vacation and Covid-19 court restrictions. The court was satisfied this constituted a matter of urgency under the Supreme Court Rules and granted the certificate, directing that the bail application be heard during the vacation, with no order as to costs.
Outcome
Certificate of urgency granted; bail-pending-appeal application directed to be heard during court vacation
Facts
The applicant was a detainee with an appeal pending before the Supreme Court. He filed an application for bail pending appeal which coincided with the Supreme Court's August vacation and Covid-19 restrictions on court hearings. He sought a certificate of urgency so that the bail application could be heard during the vacation. His grounds, supported by an affidavit of his wife and a medical report from the facility where he was detained, were that he was in poor health, suffering from chronic gastritis with a high suspicion of peptic ulcer disease and hypertensive heart disease with a history of hypertensive crisis, and was in urgent need of specialised medical treatment not available at the prison. The medical report detailed his medical history and confirmed his advanced age and life-threatening ailments.
Issues
- Whether the applicant satisfied the criteria for the issuance of a certificate of urgency to enable his application for bail pending appeal to be heard during court vacation.
Orders
- Application allowed.
- Certificate of urgency issued.
- Miscellaneous Application No. 4 of 2020 for bail pending appeal to be heard during court vacation.
- No order as to costs.
- File returned to the registry for re-allocation.
Rules and key headnotes
Legislation cited (3)
- Supreme Court Rules r.21
- Supreme Court Rules r.42
- Supreme Court Rules r.43
Cases cited (1)
- Mellan Marere v Uganda (Criminal Application No. 5 of 2021)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.