High Court at Kabale Strikes Out Criminal Appeal, Holds That a Criminal Appeal Is Incompetent Without a Notice of Appeal & That Filing a Memorandum of Appeal Alone Does Not Constitute Full Compliance.

High Court at Kabale Strikes Out Criminal Appeal, Holds That a Criminal Appeal Is Incompetent Without a Notice of Appeal and That Filing a Memorandum of Appeal Alone Does Not Constitute Full Compliance

Facts

The accused, Muyanja Hassan, was facing trial before the Chief Magistrate’s Court at Kajjansi presided over by Her Worship Karungi Doreen Olga. Being aggrieved by a ruling and orders of that court, Muyanja Hassan sought to appeal to the High Court.

The appeal was, however, initiated by filing a memorandum of appeal. No notice of appeal was filed or placed on record before the High Court. Upon receiving the appeal, counsel on both sides addressed the court specifically on the preliminary question of whether the appeal had been properly and competently commenced.

Issues

1. Whether the appeal was properly commenced and therefore competent before the High Court.

2. Whether the High Court could entertain the appeal in the absence of a Notice of Appeal as required by statute.

COURT'S FINDINGS

The court examined Section 28(1) of the Criminal Procedure Code Act, Cap 122, which provides that every appeal shall be commenced by a notice in writing, signed by the appellant or an advocate on their behalf, and lodged with the registrar within 14 days of the date of judgment or order appealed against. The court held that the provisions of this section are mandatory, not directory.

The court reaffirmed that the right to appeal is a creation of statute and does not invoke the inherent jurisdiction of court. The High Court exercises appellate jurisdiction subject to the Constitution and other legislation. Article 139(1) of the Constitution of Uganda provides that the High Court shall have such appellate and other jurisdiction as may be conferred on it by the Constitution or other law. In criminal appeals, the governing statute is the Criminal Procedure Code Act, Cap 122.

The court relied on the High Court decision in Ngabirano Frank v Uganda, Criminal Appeal No. 1 of 2025, where an identical procedural defect arose. In that case, the appellant had similarly commenced the appeal by filing a memorandum of appeal rather than a notice of appeal.

The court found the appeal incompetent and struck it out. Justice Ssemogerere affirmed that this decision correctly states the principles governing appellate jurisdiction of the High Court in so far as the commencement of criminal appeals is concerned.

HOLDING

The Court Held:

3. The appeal is incompetent and is accordingly struck out.

4. The accused person, Muyanja Hassan, shall be put on his defence before the same trial court (Chief Magistrates Court, Kajjansi) for conclusion of proceedings.

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KEY TAKEAWAYS

1. Notice of Appeal is a procedural requirement

Section 28(1) of the Criminal Procedure Code Act, Cap 122 is mandatory. Every criminal appeal to the High Court must be commenced by filing a written notice of appeal, not a memorandum of appeal. Failure to file the notice of appeal renders the entire appeal incompetent and liable to be struck out.

2. The Right to Appeal is Purely Statutory

The right to appeal in criminal matters does not exist independently at common law or through the inherent jurisdiction of the court. It is strictly a creature of statute. The High Court's appellate jurisdiction is defined and limited by the Criminal Procedure Code Act, Cap 122 and the Constitution.

3. 14-Day Time Limit for Filing Notice of Appeal

The notice of appeal must be lodged with the registrar within 14 days of the date of the judgment or order being appealed. Counsel acting for accused persons in criminal proceedings must act swiftly to preserve the right of appeal within this strict window.

4. Procedural Compliance Precedes the Merits

Even where an accused may have a valid ground of appeal, the High Court will not entertain the appeal if the commencement procedure is defective. Courts will examine procedural competence as a threshold issue before considering any substantive arguments.

5. Accused Remitted to Trial Court

Where an appeal is struck out for procedural incompetence, the effect is that the accused is returned to the status quo ante. In this case, Muyanja Hassan will face his defence at the Chief Magistrates Court, Kajjansi, where trial proceedings will resume for conclusion.

6. Consistent Judicial Position on Ngabirano Frank v Uganda Applied

This ruling reinforces the position taken in Ngabirano Frank v Uganda, Criminal Appeal No. 1 of 2025, affirming that courts will consistently apply the mandatory procedural requirements for criminal appeals.