Rex v Titi (Criminal Appeal No. 153 of 1947) [1947] EACA 42 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 153 of 1947
Judge
Edwards CJ, Graham Paul CJ, Nihill P
The Court of Appeal for Eastern Africa held that a judge admitting a deposition under section 275 of the Tanganyika Criminal Procedure Code must state the grounds for doing so.
Rex v Ndwiga (Criminal Appeal No. 80 of 1941) [1941] EACA 61 (1 January 1941)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 80 of 1941
Judge
Sheridan, (C.J. Kenya), Thacker J, Whitley CJ
The court held that the deposition of the witness Njaggi at the preliminary inquiry could not be used as substantive evidence at trial, but only to test credibility. The improper admission of such evidence did not warrant reversal of the conviction because, even excluding it, there was ample admissible evidence to support the finding that the appellant intentionally stabbed the deceased with a heavy, sharp weapon, causing a severe wound. The evidence established malice aforethought, making the killing prima facie murder. The appellant's claim of accident was rejected based on the credible tes…
Rex v Shipemba (Cr. App. No. 125/1938) [1938] EACA 139 (1 January 1938)
Court
East African Court of Appeal
Case number
Cr. App. No. 125/1938
Judge
Knight-Bruce, AG.C.J. (Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
The Court of Appeal dismissed a criminal appeal, holding that sufficient evidence remained despite discrepancies between depositions and trial testimony and excluding an inadmissible confession.
Ruadiba v Rex (Cr. App. No. 44/1938) [1938] EACA 52 (1 January 1938)
Court
East African Court of Appeal
Case number
Cr. App. No. 44/1938
Judge
Gamble, J. (Uganda), Johnston, Ag. J. (Uganda), Whitley CJ
The East African Court of Appeal held that a prosecution witness’s prior deposition could not be used to discredit her without following section 155 of the Indian Evidence Act.
Mbola v Rex (Cr.A. 113/1934.) [1937] EACA 180 (1 January 1937)
Court
East African Court of Appeal
Case number
Cr.A. 113/1934.
Judge
Abrahams CJ, Ag P (Uganda), Law, C.J (Zanzibar), McDougall, Ag. C.J. (Tanganyika)
The Court of Appeal for Eastern Africa held that an equivocal statement could not be treated as a guilty plea and that depositions should not be used in sentencing.
Rex v Ziyaya (Cr. App. No. 134/1935.) [1936] EACA 31 (1 January 1936)
Court
East African Court of Appeal
Case number
Cr. App. No. 134/1935.
Judge
Abrahamas, C.J. (Tanganyika), Hall, C.J. (Uganda), Sheridan CJ
The Court of Appeal for Eastern Africa quashed a murder conviction after finding the key witness’s trial evidence materially contradicted her deposition and was unsafe to rely on.
Rex v Nsiyaleta (Cr. App. No. 32/1936.) [1936] EACA 50 (1 January 1936)
Court
East African Court of Appeal
Case number
Cr. App. No. 32/1936.
Judge
Abrahamas, C.J. (Tanganyika), Hall, C.J. (Uganda), Sheridan CJ
The court upheld a murder conviction and held that a deceased witness’s deposition cannot be admitted without formal proof of death under section 266(a), even if defence counsel does not object.