Uganda v Muyanja Hassan (Criminal Session Case 22 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
A criminal appeal to the High Court must be commenced by notice of appeal as required by section 28(1) of the Criminal Procedure Code Act. The requirement is mandatory. An appeal commenced by memorandum of appeal without a prior notice of appeal is incompetent and must be struck out. The right to appeal is statutory and does not invoke the inherent jurisdiction of the court.
Outcome
Appeal struck out; matter remitted to Chief Magistrate's Court for continuation of trial
Facts
The accused appealed against a ruling of the Chief Magistrate's Court at Kajjansi. The appeal was commenced by filing a memorandum of appeal. No notice of appeal was filed. Counsel addressed the court on the competence of the appeal in light of the procedural defect.
Issues
- Whether a criminal appeal commenced by memorandum of appeal without a prior notice of appeal is competent.
Orders
- Appeal struck out as incompetent.
- Accused person to be put on defence before the same trial court for conclusion of proceedings.
Rules and key headnotes
Legislation cited (2)
Cases cited (1)
- Ngabirano Frank v Uganda (Criminal Appeal No. 1 of 2025)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.