Rex v Mirandu (Cr.A. 23/1934.) [1937] EACA 107 (1 January 1937)
Court
East African Court of Appeal
Case number
Cr.A. 23/1934.
Judge
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ
The Court of Appeal found that the trial judge attached excessive value to the dying declaration of the deceased without sufficient corroboration. The circumstances under which the statement was made—at night, following a violent assault, and without the deceased providing reasons for his identification—rendered it unreliable. The corroborative evidence from the boy Mizambwa was inconsistent and possibly influenced by prior knowledge of the accused's clothing. The evidence regarding the accused's alibi was not sufficiently rebutted to exclude reasonable doubt. The combination of these factors…
Rex v Gabriel (Cr. App. No. 111/1935.) [1936] EACA 36 (1 January 1936)
Court
East African Court of Appeal
Case number
Cr. App. No. 111/1935.
Judge
Abrahamas, C.J. (Tanganyika), Fretz, Ag. C.J. (Zanzibar), Sheridan CJ
The court held that a deceased’s statement was not admissible as a dying declaration because there was no proof of belief in impending death. The conviction was quashed.
Robin v Rex (Cr.. App. 3/1929.) [1929] EACA 134 (1 January 1929)
Court
East African Court of Appeal
Case number
Cr.. App. 3/1929.
Judge
Guthrie-Smith, J. (Uganda), Muir Mackenzie, J. (Tanganyika), Sheridan, Actg. C.J. (Kenya)
The Court of Appeal for Eastern Africa quashed a murder conviction, holding that a wife in a native polygamous marriage could testify against her husband, and excluding a disputed post-stabbing statement.