[2025] UGCA 241

[2025] UGCA 241

The majority of the Constitutional Court found that the failure by the High Court to avail and forward the record of proceedings to the Court of Appeal for over twelve years constituted a violation of the Petitioner's right to a fair trial under Articles 28(1) and 44(c) of the Constitution. The Court held that the...

Source-derived case information.

Citation
[2025] UGCA 241
Parties
Applicant: Mbusa Philimon; Respondent: Attorney General
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
21 July 2025
Case Number
Constitutional Petition No. 18 of 2022
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed in part (majority); dismissed (dissent)
Judges
Obura, JA, Tibulya, JA/JCC, Kazibwe, JA, Asa Mugenyi, JA/ JCC, Musa Ssekaana, JA/JCC
Legal Topics
Right to Fair Hearing, Delayed Justice, Access to Court Records, Appeal Procedure, Non Derogable Rights
Source Language
english
Constitutional Law Criminal Law Right to Fair Hearing Delayed Justice Access to Court Records Appeal Procedure Non Derogable Rights

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Parties

Mbusa Philimon

Applicant

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the failure by the High Court to avail and forward the record of proceedings to the Court of Appeal violated the Petitioner's rights under Articles 2, 20, 21, 28 and 44(c) of the Constitution.
  2. 2 Whether the Petitioner was subjected to unequal treatment contrary to Article 21(1) of the Constitution.
  3. 3 What remedies are available to the parties.

Ratio Decidendi

The majority of the Constitutional Court found that the failure by the High Court to avail and forward the record of proceedings to the Court of Appeal for over twelve years constituted a violation of the Petitioner's right to a fair trial under Articles 28(1) and 44(c) of the Constitution. The Court held that the mandatory duty imposed on the registrar by the Court of Appeal Rules was not fulfilled, resulting in unreasonable delay and obstruction of the Petitioner's appeal. The Court rejected the argument that the matter was solely one of enforcement, finding that the omission raised a constitutional question regarding the interpretation and application of the right to a fair hearing....

Court Disposition

petition allowed in part (majority); dismissed (dissent)

Orders

  • Declaration that the omission by the High Court to avail the record of proceedings in Lira Criminal Session Case No.0010 of 2010 violated the Petitioner's right to a fair trial under Articles 28(1) and 44(c) of the Constitution.
  • Declaration that the failure to remit the record did not amount to discrimination under Article 21(1) of the Constitution.