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Uganda decisions
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Abdallah v Abdallah (Miscellaneous Application 6 of 2023) [2024] UGHC 802 (29 August 2024)
The High Court declined to enforce a Sharia court decree over land, finding no proof of service or fair hearing and noting insufficient land description.
Poppe and Another v Rex (Criminal Appeal No. 250 of 1949) [1951] EACA 134 (1 January 1951)
The Court held that under section 221 of the Kenya Criminal Procedure Code, an accused person who does not claim to be a European before the subordinate court relinquishes the right to be tried under the special provisions for Europeans. The wording and context of Part VII make clear that the right is not automatic but must be asserted by the accused. In the present case, the appellants did not make such a claim, and the magistrate properly proceeded with the ordinary trial procedure. The Supreme Court's interpretation was based on a misconception of section 218 and failed to consider the mod…
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Salim v Shatry (Civil Appeal No. 29 of 1938) [1940] EACA 32 (1 January 1940)
The court held that the Resident Magistrate's Court had jurisdiction to entertain the suit for possession of land, as the value of the land was within the pecuniary limits prescribed by law. The nature of the action (real or personal) did not preclude jurisdiction. On the substantive issue, the court found that the Indian Transfer of Property Act, 1882, section 108(h), was the applicable law, as it was an applied Act fitting the circumstances. Mohamedan Law did not apply where an applied Indian Act was available. Under section 108(h), the lessee (respondent) could remove the hut he built duri…
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Rex v Hemedi (Criminal Appeal No. 74 of 1940) [1940] EACA 21 (1 January 1940)
The Court of Appeal held that a magistrate’s extended jurisdiction must appear clearly on the record; uncertainty meant the murder trial was a nullity.
Rex v Patel (Cr. Rev. Case No. 302 of 1937) [1938] EACA 192 (1 January 1938)
The court held that jurisdiction under the Criminal Procedure Code turns on the maximum imprisonment prescribed, and confiscation does not prevent a subordinate court from trying the offence.
Rex v Mkisii (Cr. Rev. Case No. 102/1937) [1937] EACA 194 (1 January 1937)
The East African Court of Appeal confirmed a subordinate court’s jurisdiction to try a native accused for defilement under Penal Code section 128(1).
Rex v Marriot and Another (Criminal Appeals Nos. 56/1935 and 57/1935.) [1935] EACA 128 (1 January 1935)
The court held that a remittal to a subordinate court under section 235 required a prior opinion that further investigation was needed. Without it, the trial was a nullity.
Mohamed v Mwijamu (C.C. 47/1929 (Msa.)) [1929] EACA 53 (1 January 1929)
The court found that while subordinate courts have jurisdiction to order specific performance in suits relating to land within their pecuniary limits, the agreement in question was invalid under Mohammedan law due to uncertainty of the subject matter. The prior suit in the Magistrate's Court, where specific performance was ordered and no alternative relief was granted, rendered the present claims for return of deposit and damages res judicata. Furthermore, in the absence of deceit, the plaintiff is only entitled to recover the deposit with interest and costs if the vendor lacks good title, bu…
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