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- Criminal law|Evidence Law|Evaluation of Evidence
- Case summary
- The court observed there was sufficient evidence to show that the witness was in a position to positively identify the attackers of the deceased and the witness himself. The appeal was thereby dismissed.
THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA AT MENGO
CRIMINAL APPEAL NO. 1 OF 2001
BETWEEN
ATYAM PATRICK ]………………………………………………………………………..
BABU SAMUEL ] APPELLANTS
AND
UGANDA RESPONDENT
CORAM: TSEKOOKO, KAROKORA, MULENGA, KANYEIHAMBA AND KATO; JSC.
[Appeal from the decision of the Court of Appeal at Kampala,(Mpagi- Bahigeine, G.M. Okello, and M.P. Twinomujuni, J.J.A.) dated 2 February, 2001]
JUDGMENT
The Appellants were tried for and convicted by the High Court of murder of one Omara. Their appeal to the Court of Appeal was dismissed. They appealed to this court on only one ground, namely that the key witness, Ebong Moses (P.W.I) could not have identified the attackers' of the deceased.
We have studied the record. We have considered submissions of Ms Musoke, counsel for Appellants, and those of M. Elubu, Principal State Attorney.
In our view there was sufficient evidence to show that P.W.I was in a position to positively identify the attackers of the deceased and the witness himself. We find no merit in the appeal. The same is dismissed.
Dated this 16th day of July, 2002.
J.W.N. Tsekooko
JUSTICE OF THE SUPREME COURT
A.N. Karokora
JUSTICE OF THE SUPREME COURT
A.N. Mulenga
JUSTICE OF THE SUPREME COURT
G.W. Kanyeihamba
JUSTICE OF THE SUPREME COURT
C.M. Kato
JUSTICE OF THE SUPREME COURT