Uganda v John Nawaswa & Anor (Misc. Application No. 16 of 1995) [1996] UGHCCRD 7 (10 June 1996)

Flynote

Criminal law

Case summary

Two issues arose.   Whether or not any reasonable cause or good cause has been shown as to why the applicant did not lodge his appeal or notice of appeal in time. Court held that this matter came out as something of an afterthought after the complainant’s representative had been served with a notice of intention to sue the complainant and no good reason has been shown as to why the complainant had to wait for almost six months to initiate the application. Whether or not the affidavit filed in support of this application is valid. Court held that the affidavit was defective as it was hearsay, worthless and inadmissible and cannot be relied upon in the case. The right person to swear the affidavit would have been the person who conducted the trial or the one who had reasons as to why the application was delayed. Application dismissed

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