Tenywa James v Uganda (Miscellaneous Application 14 of 1995)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted bail to an accused charged with defilement under section 123(1) of the Penal Code Act. The court found that the applicant's heart condition constituted grave sickness, a special circumstance under section 14A of the Trial on Indictments Act, justifying release on bail. The state did not oppose the application.

Outcome

Applicant released on bail subject to conditions

Facts

The applicant Tenywa James was charged with defilement contrary to section 123(1) of the Penal Code Act. He applied for bail by Notice of Motion dated 11 August 1995, supported by a joint affidavit. The applicant's grounds for bail included that he suffered from high blood pressure resulting in heart failure. A medical report showed he had suffered an attack in the form of palpitation and was being treated. The state did not oppose the application for bail.

Issues

1. Whether the applicant satisfied the requirement of special circumstances under section 14A of the Trial on Indictments Act to justify release on bail for a defilement charge.

Orders

• Application granted.
• Applicant released on bail upon depositing UGX 100,000 cash with court.
• Two sureties to sign bonds of UGX 200,000 each (not cash).
• Applicant to report to Chief Magistrate's Court at Jinja once monthly starting 30 November 1995 for bail extension.
• Failure to adhere to conditions will result in cancellation of bail unless satisfactory explanation given.

Rules and key headnotes

Legislation cited (2)

• Trial on Indictments Act s.14A
• Penal Code Act s.123(1)

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