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Daitayi and Others v Reginam (Criminal Appeal No. 369 of 1955) [1950] EACA 493 (1 January 1950)
Appeal against rape convictions dismissed. The court upheld the trial judge’s refusal to view the locus in quo and confirmed prosecutorial discretion over calling witnesses.
Rex v Karia and Mawji (Criminal Appeals Nos. 24 and 25 of 1948, Consolidated) [1949] EACA 30 (1 January 1949)
The Court of Appeal upheld convictions for conspiracy to export diamonds and unlawful possession, but reduced both sentences as excessive.
Rex v Moita and Another (Con. C. 5/1933.) [1933] EACA 22 (1 January 1933)
The High Court held that the Magistrate erred in calling additional witnesses after the close of the defence case, as such action is only permissible where a matter arises ex improviso, which was not the case here. The additional evidence was not only improperly admitted but was also hearsay and inadmissible. The Magistrate's reliance on this evidence materially affected his decision, rendering the conviction unsafe. Upon rejecting the inadmissible evidence, the court found that the prosecution's case was fully met by the defence, and there was no sufficient reason to discard the defence evid…
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