Ratibu v Uganda (Criminal Miscellaneous Application 380 of 2024) [2024] UGHCCRD 58 (16 October 2024)

**THE REPUBLIC OF UGANDA**

**IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA**

**CRIMINAL DIVISION**

**CRIMINAL MISCELLANEOUS APPLICATION NO. 380 OF 2024**

**[ARISING OUT OF BUD RD CRIMINAL CASE NO. 428 OF 2022]**

**ASUMAN RATIBU ================================= APPLICANT**

**VERSUS**

**UGANDA================================== RESPONDENT**

**RULING**

**BY JUSTICE GADENYA PAUL WOLIMBWA**

**Asuman Ratibu, herein known as the Applicant filed this application for extension of time to file an appeal.**

**The Applicant was charged with six counts to wit forgery of a land title contrary to section 342, 345(a) and 348(1) of the Penal Code Act; Uttering false documents c/s to 315 of the Penal Code Act; Obtaining money by false pretenses c/s 305 of the Penal Code Act; Forgery c/s to 342 and 347 of the Penal Code Act; Uttering a false document c/s 351 of the Penal Code Act and Personification c/s 381 of the Penal Code Act. He pleaded guilty and was sentenced to various custodial sentences on all the counts by Her WorshipTusiime Sarah, then Chief Magistrate at Buganda Road on 17th April 2023.**

**Although the Applicant was aggrieved by the decision of the court. The Applicant, who was unrepresented in the lower court, told court that he did not appeal in time because he was unaware of the timelines for appealing. He only got to know about the appeal processes after consulting counsel, while serving sentence. The Applicant filed the application to enlarge time on August 14th 2024. The Respondent did not object to the application, I believe, after finding the applicant’s reasons genuine.**

**The Applicant was represented by M/s Sekidde & Co Advocates. The Respondent was represented by Ms. Apolot Joy Christine, a Senior State Attorney in the Office of the Director of Public Prosecutions.**

**Sections 28 (6) and 31 (1) of the Criminal Procedure Code Act permits the court to enlarge time for appealing provided the applicant can prove that they were prevented by sufficient cause from appealing in time. Sufficient cause must relate or equate to good reasons for failing to file an appeal within fourteen days.**

**Does ignorance of the law amount to sufficient cause under Sections 28 (6) and 31 (1) of the Criminal Procedure Code Act?**

**Ignorance of the law, or *ignorantia juris non excusat* is no defense in law. This is because laws are publically available to the public and it is the civic duty of every citizen to know the law. Additionally, if the law was to allow this defense, there would be a danger of people abusing this defense every time they break the law. This would undermine the legitimate purpose of the law of punishing law breakers.**

**Be that as it may, there are exceptions to this rule. The exceptions are;**

1. **Reasonable mistake due to the complexity of the law.** 2. **Lack of notice of the law *i.e*. if the law is not easily available.** 3. **Demonstration that the applicant took reasonable efforts to understand the law, but genuinely failed in their efforts. The court must however, exercise caution to avoid abuse by errant litigants, who may unfairly wish to take advantage of this defense.**

**The Applicant is a lay man with very limited knowledge of the law, Secondly, the Applicant did not have access to the law on appeals given that the trial Chief Magistrate never explained to him that he has a right of appeal. Thirdly, the Applicant took reasonable steps to consult a lawyer about his predicament albeit late. In view of the Applicant’s ignorance, he has satisfied the exceptions to the defense of *“ignorantia juris non excusat*” and therefore, proved that he was prevented by a sufficient cause from filing the appeal in time.**

**Decision.**

**The Application for extension of time, is allowed with the following orders; -**

1. **The Applicant is ordered to file his Memorandum of Appeal by 30th October, 2024.** 2. **The Appeal is adjourned to 30th October, 2024 for mention.**

**It is so ordered.**

**Gadenya Paul Wolimbwa**

**JUDGE**

**16th October, 2024.**

**Ruling read in open court in the presence of the parties and Mr. Kagwa, Court Clerk.**

**Gadenya Paul Wolimbwa**

**JUDGE**

**16th October, 2024.**