Judgment writing Considerations on judgment writing in Uganda

Judgment writing Considerations on judgment writing in Uganda

CIVIL PROCEDURE RULES ORDER XXI (21). 4. Contents of judgment. Judgments in defended suits shall contain: a concise statement of the case, the points for determination, (issue based judgments) the decision on the case and the reasons for the decision.

5. Court to state its decision on each issue. In suits in which issues have been framed, the court shall state: - its finding or decision, - the reasons for the finding or decision, - upon each separate issue, Except where the finding upon any one or more of the issues is sufficient for the decision of the suit.

MAGISTRATES COURT ACT

Section 136. Form and contents of judgment. FORM Every judgment delivered … shall, except as otherwise expressly provided by this Act, be written by the magistrate or Reduced to writing under the personal direction and superintendence of the magistrate For the above purposes any judgment may be recorded in shorthand or by any mechanical means under the superintendence of the magistrate and the transcription of the judgement signed by the magistrate. In the language of the court,

content Every judgment shall contain: - the point or points for determination, - the decision thereon and the reason for the decision

Conviction - In the case of a conviction, the judgment shall specify the offence of which, and the section of the Penal Code Act or other law under which, the accused person is convicted ) The judgment in the case of a conviction shall be followed by a note of the steps taken by the court prior to sentence and by a note of the sentence passed together with the reasons for the sentence when there are special reasons for passing a particular sentence.

Acquittal In the case of an acquittal, the judgment shall state the offence of which accused person is acquitted and shall direct that he or she be set at liberty.

Competence and Diligence As part of Competence and Diligence: A Judicial Officer shall promptly dispose of the business of the court, but in so doing, must ensure that justice prevails. Where a judgment is reserved, it should be delivered within 60 days, unless for good reason, it is not possible to do so.

As appeal Courts HIGH COURT The right of appeal is a creature of statute and it is statutory law that provides for appellate jurisdiction of the High Court. The Constitution The Judicature Act The MCA

HC Powers 1. Original jurisdiction – Trial Court 2. 1 st appellate court – from G 1 and CM decisions 3. 2 nd appellate – Grade 2; LC courts; to CM to HC

Question Do you write a judgment arising out of your jurisdiction as a trial court in the same way as you craft a judgment in your capacity as a • 1 st appellate court? • 2 nd appellate Court? • Are the principles in Kifamunte Henry v Uganda Crim Appeal No 10/1997 (SC) and Bogere Moses and Anor vs. Uganda, Criminal Appeal no. 1 of 1997 applicable?

The rule in Kifamunte (supra) The duty of a 1 st appellate court is to hear the case and to reconsider and scrutinize the materials presented to the trial judge and then reach your own conclusions. The duty to re-evaluate the evidence and determine whether the conclusions reached by the trial court should be allowed to stand or not,

2 nd Appellate Court: Bogere Moses Uganda, Criminal Appeal no. 1 of 1997, The duty of a second appellate court - it is only in the clearest of cases that a second appellate court re-valuates the evidence presented before the trial court. where it is apparent to the second appellate court that the first appellate court did not evaluate the evidence as a whole, then the second appellate court would re-evaluate the evidence like a first appellate court. Would the content of your judgment be different. . . ?