Wakilii

Selimu Kaladini v Uganda [1993] UGHC 166

High Court · 1993 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from Chief Magistrate's Court conviction, preliminary objection to notice of appeal filed out of time
Decision
Appellant permitted to proceed with appeal on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a notice of appeal is filed when presented to the criminal registry with payment of necessary fees, not when administratively acknowledged by the District Registrar. Where the notice was received on 15 October 1992 and fees paid on 14 October 1992, only 6-7 days after sentence was passed on 7 October 1992, the filing was within the statutory 14-day period. The District Registrar's certificate showing receipt on 10 March 1993 reflected the date of administrative acknowledgment, not the filing date. Preliminary objection rejected.

Outcome

Appellant permitted to proceed with appeal on the merits

Facts

The appellant was sentenced on 7 October 1992 in Criminal Case No. MJ.922/92 before the Chief Magistrate's Court in Jinja. The appellant filed a notice of appeal which was received at the District Registry on 15 October 1992, with fees paid on 14 October 1992. The District Registrar's certificate erroneously indicated the notice was received on 10 March 1993. The respondent's counsel raised a preliminary objection that the notice of appeal was filed out of time, arguing that more than 14 days had elapsed between sentencing and filing if the March 1993 date was correct.

Issues

  1. Whether the notice of appeal was filed out of time.

Orders

  • Preliminary objection rejected.
  • Notice of appeal filed in time.

Rules and key headnotes

Criminal Law & Procedure — Appeals — Notice of Appeal — Date of Filing — When Appeal is Filed in Time
A notice of appeal is filed when it is presented to the criminal registry with payment of the necessary fees, not when it is administratively acknowledged by the District Registrar.
Civil Procedure — Time Limits — Computation of Time — Effective Date of Filing
Where a notice of appeal is received at the registry and fees are paid within the statutory 14-day period, the effective date of filing is the date fees were paid, not a later date on which the District Registrar administratively acknowledged receipt.

Full judgment

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

Selimu Kaladini v Uganda 1993 UGHC 166 (15 March 1993)
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.