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 a period of more than 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. The appeal was lodged on 8 February 2017. The matter came up for hearing on 28 May 2018 but the respondents had not been served. The State Attorney initially applied to withdraw the appeal on 20 June 2018 on the basis that the case was more of a civil dispute, but the complainant protested and the appeal was reinstated. The hearing was adjourned on multiple dates between July 2018 and July 2021. On all occasions the respondents were absent for 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.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.