Uganda v Mubuke and Another (Criminal Appeal 28 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed a State appeal against acquittal on a charge of malicious damage to property where the respondents could not be traced or served over three years despite multiple adjournments. The court held it would not be in the interest of justice to proceed with the appeal in circumstances where respondents had never been served.
Outcome
Appeal dismissed for failure to serve respondents
Facts
The State appealed against the acquittal of two respondents on a charge of malicious damage to property from Nakawa Magistrates Court. The appeal was lodged on 8 February 2017. At the first hearing on 28 May 2018, the respondents had not been served and were absent. The State Attorney initially applied to withdraw the appeal on 20 June 2018, stating the matter was more civil than criminal in nature, but the complainant protested and the appeal was reinstated. The matter was adjourned on multiple dates between July 2018 and July 2021. On all occasions the respondents remained absent due to lack of service. Despite the complainant's initial keen interest, service was never effected. The appellant filed written submissions on 15 September 2020 but these were not served on the respondents.
Issues
- Whether the appeal should proceed in the absence of the respondents who had never been served.
Orders
- Appeal dismissed.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.