Uganda Case Law

Hon. Attorney General v Chemorore

Hon. Attorney General v Chemorore (Criminal Appeal No. 149 of 1952 (Case Stated)) [1952] EACA 302 (1 January 1952)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 149 of 1952 (Case Stated)

Judge

Bourke J, Hearne CJ

The court held that the respondent's reliance on the previous judgment, which found the Provincial Commissioner's order to be beyond his powers, constituted a lawful excuse for neglecting to obey the subsequent similar order. The concept of 'lawful excuse' is broader than 'lawful authority' and encompasses reasonable belief in authority or reliance on judicial findings. The Magistrate was correct in dismissing the charge under section 208 of the Criminal Procedure Code, as convicting the respondent in these circumstances would not be consistent with good law or sense. The appeal was therefore…

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• Lawful Excuse
• Native Authority Orders
• Autrefois Acquit
• Judicial Precedent
• Land Occupation
• Criminal Procedure

Bakhshuwen and Another v Mohamed

Bakhshuwen and Another v Mohamed (Civil Appeal No. 33 of 1948) [1949] EACA 3 (1 January 1949)

Court

East African Court of Appeal

Case number

Civil Appeal No. 33 of 1948

Judge

Bourke J, Edwards CJ, Nihill P

The Court of Appeal held that the wakfs created by the respondent, which provided for the benefit of his daughters and their descendants in perpetuity with an ultimate gift to mosques, are invalid under the law applicable in Kenya. The Court found that the principles governing the validity of such wakfs are the same across the Shafi, Hanafi, and Ibathi schools of Mohammedan law, and that the binding authority of the Privy Council decision in Abul Fata Mohamed Ishak v. Russomoy Dhur Chowdhry precludes the recognition of such wakfs as valid. The Court further held that subsequent validating leg…

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• Wakf Validity
• Mohammedan Law Application
• Perpetuity In Trusts
• Personal Status
• Judicial Precedent
• Customary Law

Phirox Beheramjee Mistry v District Commissioner Nairobi and Others (No Case Number)

Phirox Beheramjee Mistry v District Commissioner Nairobi and Others (No Case Number) [1938] EACA 211 (1 January 1938)

Court

East African Court of Appeal

Case number

No Case Number

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ

The court held it was bound by an earlier Supreme Court decision between the same parties, even though an appeal was pending, and discharged the rule nisi.

• Res Judicata
• Mandamus
• Licensing Authorities
• Judicial Precedent
• Liquor Licensing
• Appeals Process