Uganda Case Law

Gill v Regina

Gill v Regina (Criminal Appeal No. 42 of 1956) [1956] EACA 8 (1 January 1956)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 42 of 1956

Judge

O'Connor CJ, Rudd J

The court held that the term 'trade' in section 137(1)(r) of the Bankruptcy Ordinance must be construed strictly and is not synonymous with 'business.' The appellant's activities as a transporter did not amount to 'trading' within the meaning of the provision, and thus the conviction on the first count was quashed. Regarding the second count, the court found that the admissions made by the appellant during bankruptcy examinations were properly admitted and sufficient to support the conviction for failing to keep proper books of account. The court affirmed that the burden of proving entitlemen…

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• Bankruptcy Offences
• Statutory Construction
• Admissibility Of Evidence
• Sentencing Guidelines

Kalidas v Queen

Kalidas v Queen (Criminal Appeal No. 2010 of 1953) [1954] EACA 163 (1 January 1954)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 2010 of 1953

Judge

Hearne CJ

The prosecution was a nullity because it was instituted without the required formal report and application by the Official Receiver, as mandated by sections 144 and 148 of the Bankruptcy Ordinance. Furthermore, while section 17(8) of the Bankruptcy Ordinance allows the use of notes from a public examination as evidence against the bankrupt, this provision does not permit a conviction to be founded solely on such notes unless they are properly put in evidence by being read aloud in court and brought to the notice of the accused. In this case, the record was produced but not read out, and no ot…

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• Bankruptcy Offences
• Admissibility Of Evidence
• Public Examination Notes
• Procedural Nullity

Janmohamed v Reginam

Janmohamed v Reginam (Criminal Appeal No. 524 of 1955) [1950] EACA 473 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 524 of 1955

Judge

Briggs, JA, Sinclair, VP, Worley, P

The court held that an order under section 144 of the Kenya Bankruptcy Ordinance is not a condition precedent to the institution of proceedings for offences under sections 25 and 137 (1) (q), as those sections do not expressly require such an order. The purpose of section 144 is to allocate responsibility for prosecution costs, not to confer jurisdiction. Furthermore, the court found that orders impounding future earnings must be made under section 54, which places the obligation to pay on the employer, not the bankrupt. Section 24 does not authorize prospective orders for future earnings, an…

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• Bankruptcy Offences
• Condition Precedent To Prosecution
• Future Earnings Orders
• Jurisdiction Under Bankruptcy Law

Rex v Ilam Din

Rex v Ilam Din (Criminal Appeal No. 579 of 1947) [1948] EACA 62 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 579 of 1947

Judge

Nihill P

The court held that the accused bore the burden of proving his bankruptcy-bookkeeping defence, and varied sentence by removing the fine and reducing imprisonment.

• Bankruptcy Offences
• Failure To Keep Books
• Burden Of Proof
• Sentencing Guidelines
• Bankruptcy-offences
• Failure-to-keep-books

Rex v Mehta

Rex v Mehta (Criminal Appeal No. 3 of 1946) [1946] EACA 30 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 3 of 1946

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court of Appeal partly upheld a bankruptcy conviction, confirming expert evidence on trading practice and the meaning of “ordinary way of trade,” but quashing one false-entry count.

• Bankruptcy Offences
• Fraudulent Disposal Of Property
• False Accounting
• Expert Evidence
• Burden Of Proof
• Bankruptcy-offences

Sheth and Another v Official Receiver

Sheth and Another v Official Receiver (Criminal Appeals Nos.' 25 and 26 of 1939) [1938] EACA 165 (1 January 1938)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos.' 25 and 26 of 1939

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ

The court held that exchange bankers could use draft proceeds as their own, and that cotton-futures speculation was connected with their business, so the convictions failed.

• Bankruptcy Offences
• Fiduciary Duties
• Speculation And Gambling
• Banker Customer Relationship
• Bankruptcy-offences
• Banker-customer-relationship

Rex v Din (Cr. App, 125/1933.)

Rex v Din (Cr. App, 125/1933.) [1937] EACA 68 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr. App, 125/1933.

Judge

Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The Court held that a nolle prosequi did not end a bankruptcy prosecution order, rejected a written unsworn statement at trial, and dismissed the appeal.

• Bankruptcy Offences
• Criminal Procedure
• Bail Pending Appeal
• Order Of Prosecution
• Fraudulent Intent
• Bankruptcy-offences

Rex v Valabhji (Cr. App. No. 30/1936)

Rex v Valabhji (Cr. App. No. 30/1936) [1936] EACA 141 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr. App. No. 30/1936

Judge

Sheridan CJ, Webb, J

A bankrupt retail trader was convicted for disposing of goods bought on credit outside the ordinary course of trade. The appeal was dismissed.

• Bankruptcy Offences
• Disposal Of Goods On Credit
• Intent To Defraud
• Burden Of Proof
• Bankruptcy-offences
• Criminal-appeal

Pyndia v Mohamed (Cr. App. 32/1931.)

Pyndia v Mohamed (Cr. App. 32/1931.) [1931] EACA 24 (1 January 1931)

Court

East African Court of Appeal

Case number

Cr. App. 32/1931.

Judge

Barth CJ, Dickinson, J

The court held that offences under the Bankruptcy Ordinance are criminal matters triable by subordinate courts, and that section 141 is only enabling.

• Bankruptcy Offences
• Criminal Jurisdiction
• Court Jurisdiction
• Enabling Statute
• Bankruptcy-offences
• Criminal-jurisdiction

Rex v Beliram (Cr. App. 9/1930.)

Rex v Beliram (Cr. App. 9/1930.) [1930] EACA 150 (1 January 1930)

Court

East African Court of Appeal

Case number

Cr. App. 9/1930.

Judge

Dickinson, J, Thomas, J. (Kenya)

The court held that an order to prosecute under the Bankruptcy Ordinance was not exhausted by an unauthorized, abortive prosecution.

• Bankruptcy Offences
• Fraudulent Debtor Prosecution
• Authority To Institute Proceedings
• Bankruptcy-offences
• Fraudulent-debtor-prosecution
• Authority-to-institute-proceedings