Otwani v Ochieng (HCT-04-CV- CA -098 OF 2012) [2017] UGHCLD 43 (15 February 2017);


Search Summary: 

The complaint on appeal was that the charge and caution statement was not
made by the appellant band had not thumb printed it. The court observed
that the court had correctly as a matter of practice corroborated the
evidence before a conviction was based on the repudiated and retracted
confession and had rightly warned itself.
The court further remarked that the trial court the ruling in respect of the
trial within a trial was missing from the record of proceedings and the
original version of the confession was admitted in evidence and held that
this omission did not prejudice the

Headnote and Holding: 

The court observed that an applicant must show that there is a substantive application
and the threat of an execution and that the burden lies on the applicant to prove the
conditions to the required standard. The court observed that there wasa pending threat
of execution since the respondent’s bill of costs had been taxed and an application for
execution had been filed in court.
The application was allowed.


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