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Rex v Titi (Criminal Appeal No. 153 of 1947) [1947] EACA 42 (1 January 1947)
- Citation
- [1947] EACA 42
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Edwards CJ, Graham Paul CJ, Nihill P
- Case number
- Criminal Appeal No. 153 of 1947
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Edwards CJ, Graham Paul CJ, Nihill P
- Case number
- Criminal Appeal No. 153 of 1947
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal for Eastern Africa held that it is insufficient for a trial judge to merely record that a deposition is admitted under section 275 of the Tanganyika Criminal Procedure Code. The judge must explicitly state the grounds upon which the order for admission is made. This requirement ensures transparency and allows for proper appellate review of the exercise of judicial discretion in admitting such evidence. The court emphasized that this practice should be followed not only in Tanganyika but also in other territories with corresponding provisions in their criminal procedure codes.
Court disposition
Observations made; no alteration to conviction or sentence.
Orders
- Judges admitting depositions under section 275 must state the grounds for their order.
02
Material facts
Parties
Rex
Respondent Counsel: Holland, Crown Counsel (Kenya)Cyrillo alias Titi s o Bakilisa
Appellant03
Procedural history
Posture
Criminal Appeal / Appeal
04
Questions and positions
Legal issues
Whether the trial judge must state the grounds for admitting a deposition under section 275 of the Tanganyika Criminal Procedure Code.
Party arguments
- Applicant
- The appellant was absent and unrepresented; no argument was presented on his behalf.
- Respondent
- The Crown was represented by Holland, Crown Counsel (Kenya), but the judgment does not record specific arguments advanced by the respondent.
05
Court’s reasoning
Legal principles
- 01
Section 275, Tanganyika Criminal Procedure Code
When admitting a deposition in evidence under section 275 of the Tanganyika Criminal Procedure Code, the judge must state the grounds for the order.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal for Eastern Africa held that it is insufficient for a trial judge to merely record that a deposition is admitted under section 275 of the Tanganyika Criminal Procedure Code. The judge must explicitly state the grounds upon which the order for admission is made. This requirement ensures transparency and allows for proper appellate review of the exercise of judicial discretion in admitting such evidence. The court emphasized that this practice should be followed not only in Tanganyika but also in other territories with corresponding provisions in their criminal procedure codes.
Obiter and limits
- Judges should avoid the mere formulaic statement 'Admitted under the provisions of section 275' and instead provide reasons for the admission of depositions.
Court disposition
Observations made; no alteration to conviction or sentence.
- Judges admitting depositions under section 275 must state the grounds for their order.
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 AFRICA
Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda)
REX. Respondent, (Original Prosecutor), $\mathbf{r}^{\prime}$
CYRILLO, alias TITI s o BAKILISA, Appellant (Original Accused) Criminal Appeal No. 153 of 1947
(Appeal from decision of H. M. High Court of Tanganyika)
Observations by the E. A. C. A. upon the admission of a deposition in evidence under section 275 Tanganyika Criminal Procedure Code.
Appellant absent, unrepresented.
Holland, Crown Counsel (Kenya), for the Crown.
JUDGMENT (delivered by NIHILL, C. J.).—There is one other point in thiscase to which we wish to draw attention. In admitting a deposition to be read in evidence under the provisions of section 275 of the Tanganyika Criminal Procedure Code or the corresponding sections in the Codes of the other territories we think the Judge admitting the deposition should state the grounds on which his order is made. It is not sufficient merely to record "Admitted under the provisions of section 275".
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