Waiswa Jamada & 2 Others v Uganda (Criminal Application No. 0022 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal considered an application under rule 73(7) of the Court of Appeal Rules to reinstate a criminal appeal dismissed for the applicants' non-appearance. The Court held that 'sufficient cause' includes ignorance of procedure by an unrepresented litigant. The applicants, then unrepresented, had provided an imprecise address on their notice of appeal, resulting in non-service of the hearing notice; this ignorance amounted to sufficient cause. The Court also affirmed that on such applications it does not concern itself with the merits of the appeal. The application was allowed and the appeal reinstated for hearing on its merits, with no order as to costs.
Outcome
Application allowed; dismissed criminal appeal reinstated for hearing on its merits
Facts
The three applicants were convicted by the Chief Magistrate's Court of forcible entry contrary to section 77 of the Penal Code Act. On appeal, the High Court quashed that conviction, substituted a conviction for criminal trespass under section 302, and imposed sentences which the applicants have since fully served. Dissatisfied, they lodged a notice of appeal to the Court of Appeal (Criminal Appeal No. 0817 of 2014), which was dismissed for their non-appearance. In their notice of appeal the applicants, then unrepresented, had provided an imprecise address, and as a result the court process servers could not serve them with the hearing notice. They subsequently filed the present application, together with a memorandum of appeal and record of proceedings, seeking reinstatement. An earlier panel had adjourned the matter to allow filing of the record and memorandum of appeal.
Issues
- Whether the applicants were prevented by sufficient cause from appearing when their appeal was called for hearing, so as to justify reinstatement of the dismissed appeal under rule 73(7).
Orders
- Criminal Appeal No. 0817 of 2014 reinstated and to be heard on its merits.
- The applicants to take steps to file all documents relevant to the prosecution of their appeal within 14 days from the date of this ruling.
- Application allowed with no order as to costs.
Rules and key headnotes
Legislation cited (4)
Cases cited (5)
- Nicholas Roussos v Ghulam Hussein Habib Virani (Civil Appeal No. 9 of 1993)
- Shabin Din v. Ram Parkash Anand (1955) 22 EACA 48
- Zirabamuzaale v. Correct (1962) E.A. 694
- Patel v. Star Mineral Water and Ice Factory (1961) E.A. 454
- Mitha v. Ladak (1960) E.A. 1054
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.