Uganda Case Law

Rex v Mwinyimviale and Another

Rex v Mwinyimviale and Another (Criminal Appeals 175 and 176 of 1934.) [1935] EACA 70 (1 January 1935)

Court

East African Court of Appeal

Case number

Criminal Appeals 175 and 176 of 1934.

Judges

Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Sheridan, P

The Court held that while dying declarations may be admissible, their evidentiary value must be carefully scrutinized, especially where they contain inferences rather than direct observations. In Mwinyibegu's case, there was no evidence beyond the deceased's statements, and the Court found that the inference that Mwinyibegu seized the deceased to enable Salehe to stab him was not sufficiently supported by the facts. The possibility of alternative explanations, such as Mwinyibegu's intent being merely to help Salehe escape, could not be excluded. Therefore, the conviction against Mwinyibegu wa…

Source excerpt

• Dying Declaration
• Murder Conviction
• Evidentiary Value
• Inference From Statements