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Rex v Odima (Criminal Appeal No. 77 of 1941) [1941] EACA 54 (1 January 1941)
- Citation
- [1941] EACA 54
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Webb CJ
- Case number
- Criminal Appeal No. 77 of 1941
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Webb CJ
- Case number
- Criminal Appeal No. 77 of 1941
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court held that the appellant had no right of appeal to the Court of Appeal for Eastern Africa because section 307 (3) of the Criminal Procedure Code, which might have provided such a right, was repealed by section 29 (2) of the Buganda Courts Ordinance, 1940. Furthermore, even before the repeal, there was no right of appeal to this Court on the ground of severity of sentence, as explicitly stated in section 320 of Cap. 41. The legislative changes removed any jurisdiction the Court might have had to entertain the appeal, and the appellant's arguments based on previous statutory provisions were rendered moot by the repeal.
Court disposition
appeal dismissed
Orders
- The appeal is dismissed.
02
Material facts
Parties
Juliyo Odima
Appellant Counsel: Appellant in personRex
Respondent Counsel: McKisack, Crown Counsel03
Procedural history
Posture
Criminal Appeal / Appeal From High Court
04
Questions and positions
Legal issues
- 01
Whether the appellant has a right of appeal to the Court of Appeal for Eastern Africa after the repeal of section 307 (3) of the Criminal Procedure Code.
- 02
Whether there is a right of appeal to this Court on the ground of severity of sentence.
Party arguments
- Applicant
- The appellant argued that he was entitled to appeal to the Court of Appeal for Eastern Africa under section 5 of the Native Courts in Buganda Proclamation, challenging the increased sentence imposed by the Uganda High Court.
- Respondent
- The Crown, represented by McKisack, contended that the right of appeal had been removed by the repeal of section 307 (3) of the Criminal Procedure Code through section 29 (2) of the Buganda Courts Ordinance, 1940, and that no appeal lay to this Court on the ground of severity of sentence under section 320 of Cap. 41.
05
Court’s reasoning
Legal principles
- 01
Section 29 (2), Buganda Courts Ordinance, 1940; Section 307 (3), Criminal Procedure Code (Cap. 41)
Repeal of statutory provision removes any right of appeal previously available under that provision.
- 02
Section 320, Criminal Procedure Code (Cap. 41)
No right of appeal exists to the Court of Appeal for Eastern Africa on the ground of severity of sentence.
06
Ratio, limits and disposition
Ratio decidendi
The Court held that the appellant had no right of appeal to the Court of Appeal for Eastern Africa because section 307 (3) of the Criminal Procedure Code, which might have provided such a right, was repealed by section 29 (2) of the Buganda Courts Ordinance, 1940. Furthermore, even before the repeal, there was no right of appeal to this Court on the ground of severity of sentence, as explicitly stated in section 320 of Cap. 41. The legislative changes removed any jurisdiction the Court might have had to entertain the appeal, and the appellant's arguments based on previous statutory provisions were rendered moot by the repeal.
Court disposition
appeal dismissed
- The appeal is dismissed.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
COURT OF APPEAL FOR EASTERN AI
Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR HENRY WE and GAMBLE, J. (Uganda)
REX, Respondent
$\overline{v}$ .
JULIYO ODIMA, Appellant
Criminal Appeal No. 77 of 1941
Appeal from decision of H. M. High Court of Uganda.
- Criminal Law-Right of appeal-Appeal from order of Uganda High Court increasing sentences imposed by the Lukiko Court-Uganda Criminal Procedure Code (Cap. 41), sections 307 and 320-Buganda Courts Ordinance, 1940 (No. 4 of 1940), section 29 (2). - Held $(14-5-41)$ .-(1) That the repeal of section 307 (3) of the Criminal Procedure Code by section 29 (2) of the Buganda Courts Ordinance, 1940, took away any right of appeal to the Court of Appeal for Eastern Africa which might have existed under the Native Courts in Buganda Proclamation.
(2) That in any case there was never any right of appeal to this Court on the ground of severity of sentence.
Appellant in person.
McKisack, Crown Counsel, for the Crown.
JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The appellant has no right of appeal to this Court. Any appeal he may have had under section 5 of the Native Courts in Buganda Proclamation has been taken away by the repeal of section 307 (3) of Cap. 41 by section 29 (2) of Ordinance 4 of 1940. And even prior to the 1st September, 1940, the date on which Ordinance 4 of 1940 came into force, the appellant would not have had a right of appeal to this Court on the ground of severity of sentence (S. 320, Cap. 41).
- The appeal is dismissed.
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