Uganda v Namuyaba (Criminal Appeal 74 of 2019) [2021] UGHCCRD 91 (7 October 2021)

# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA**

## **CRIMINAL APPEAL No 74 OF 2019**

#### **(Arising from Makindye Magistrates Court Case No 78 of 2019)**

| UGANDA | :::::::::::::::::::::::: | APPELLANT | |-----------------|--------------------------|------------| | | vs | | | SAFINA NAMUYABA | ::::::::::::::::::::::: | RESPONDENT |

### **BEFORE: HON. MR. JUSTICE MICHAEL ELUBU**

#### **JUDGMENT**

This is an appeal lodged by the State against the judgment and orders of **HW Gakyaro Allan,** Magistrate Grade I, who acquitted the respondent on a charge of Intermeddling c/s 11 (1) and (2) of **the Administrator General Act**.

The brief background is that the appellant being dissatisfied with the findings of the lower Court lodged this appeal on the 11th of July 2019.

On the 10th of October 2019 the appeal was called for hearing. The respondent was absent because she had not been served. Counsel for the appellant accordingly prayed for an adjournment to serve the respondent. The matter was according adjourned to the 23rd of October 2019. It appears the case became dormant at that stage.

On the 6th of July 2021 this court issued timelines for hearing. The process server effected service of the timelines on the appellant but was unable to trace the respondent.

In light of the foregoing and considering how old this appeal is, it would not be in the interest of justice to proceed with it in these circumstances. Let the appellants trace for the respondent and advise the court accordingly. When that is done the appeal can be heard in the presence of all parties.

Otherwise the appeal is dismissed.

**……………………………….. Michael Elubu**

**Judge**

**7.10.2021**