Wakilii

Selimu Kaladini v Uganda (Criminal Appeal No. 13 of 1992)

High Court · [1993] UGHCCRD 5 · 1993 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction and sentence by lower court; ruling on preliminary objection that notice of appeal was filed out of time.
Decision
Preliminary objection dismissed; criminal appeal to proceed.

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 it is presented to the criminal Registry with payment of the necessary fees, not when the District Registrar administratively signs the receipt. Where the notice was received on 13/10/92 and fees paid on 14/10/92, both within 14 days of the 7/10/92 sentence, the notice was filed in time despite the Registrar's certificate showing a later date of 10/3/93. Preliminary objection rejected.

Outcome

Preliminary objection dismissed; criminal appeal to proceed.

Facts

The appellant was sentenced on 7/10/92. The notice of appeal was received at the District Registry on 13/10/92 and the filing fees were paid on 14/10/92. However, the District Registrar's certificate indicated the notice was received on 10/3/93. Counsel for the respondent raised a preliminary objection that the notice of appeal was filed out of time, arguing that the certificate date of 10/3/93 was beyond the statutory 14-day period from sentencing. The court examined the record including receipts for the notice and fees.

Issues

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

Orders

  • Preliminary objection rejected.
  • Notice of appeal found to have been filed in time.

Rules and key headnotes

Criminal Law & Procedure — Appeals — Notice of Appeal — Time for Filing — When Notice is Deemed Filed
A notice of appeal is filed when it is presented to the criminal Registry with payment of the necessary fees, not when the District Registrar administratively signs the receipt acknowledging the filing.
Civil Procedure — Time — Extension of Time — Administrative Delays — Effect on Filing Date
Where a District Registrar signs a receipt for a document at a later date than when it was actually received and fees paid, the effective filing date is the date on which the document was presented to the Registry with the necessary fees, not the date on which the Registrar subsequently 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 (Criminal Appeal No. 13 of 1992) [1993] UGHCCRD 5 (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.