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Uganda decisions
Decisions matching the current search
Uganda v Hassan (Criminal Appeal 9 of 1990) [1991] UGSC 19 (1 March 1991)
The Supreme Court held that section 51 of Uganda’s Penal Code covers libel, not spoken slander, so the charge based on oral questioning did not disclose an offence.
Mawji and Another v Reginam (Criminal Appeals Nos. 169 and 170 of 1955) [1955] EACA 357 (1 January 1955)
The court held that the doctrine of legal unity of spouses under English common law applies only to monogamous marriages. Since the appellants' marriage, under the Ismailia Khoja sect, was polygamous in nature, the fiction that husband and wife are one person does not apply. Therefore, the appellants could be charged and convicted of conspiracy under section 110 of the Penal Code. Regarding the retention of stolen property, the court found that the presumption of possession in the matrimonial home generally favors the husband, but where the wife does not act independently, she cannot be convi…
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Patel v Reginam (Criminal Appeal No. 947 of 1954) [1955] EACA 325 (1 January 1955)
The Court of Appeal held that section 299(1) required reasonable suspicion at trial, not just at seizure, and that the theft charge failed for want of proof of no claim of right.
Mawji and Another v Queen (Privy Council Appeal No. 9 of 1956) [1950] EACA 609 (1 January 1950)
The Privy Council held that husband-and-wife conspiracy immunity applied in Tanganyika, including to a valid potentially bigamous marriage, and quashed the conspiracy convictions.
Rex v Salim (Criminal Appeal No. 208 of 1946) [1947] EACA 17 (1 January 1947)
The Court of Appeal for Eastern Africa upheld a conviction under section 316 of the Penal Code for conveying suspected stolen property and dismissed the appeal.
Rex v Jamal (Criminal Appeal No. 11 of 1941) [1941] EACA 44 (1 January 1941)
The court upheld a conviction under section 296 of the Kenya Penal Code, holding that the appellant’s role in arranging and facilitating the sale amounted to joint possession.
Rex v Orori (Confirmation Case No. 408 of 1939) [1938] EACA 161 (1 January 1938)
The court quashed a conviction under Penal Code section 296, holding the offence did not extend to possession of suspected stolen property in a building.
Rex v Mubeyo (Cr. Revision Case No. 90/35.) [1935] EACA 135 (1 January 1935)
The court found that the accused's admission to lighting the fire did not amount to a plea of guilty to wilfully and unlawfully setting fire to grass under section 306(2) of the Penal Code, as the statement lacked evidence of malicious intent. The presumption of intent does not extend to accidental acts, and the relevant legal provisions require proof of wilful and malicious intent to injure property. The magistrate erred in treating the accused's statement as an unequivocal plea of guilty. Furthermore, the court held that the seizure and sale of sixteen head of cattle to satisfy compensation…
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Rex v Shah (Cr. App. 10/1932.) [1932] EACA 19 (1 January 1932)
The Second Class Court lacked jurisdiction to try the appellant, a non-native, for an offence under section 117 of the Penal Code, as only a First Class Magistrate is empowered to do so. Furthermore, the letter (exhibit 3) presented as the alleged order was merely a warning and did not constitute a lawful order as contemplated by section 117. Non-compliance with such a warning does not amount to an offence under the Penal Code. The conviction was therefore quashed and any fine paid must be refunded.
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