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…

Source excerpt

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

Hon Attorney General v Kalanji and Another

Hon Attorney General v Kalanji and Another (Criminal Appeal No. 46 of 1950) [1950] EACA 66 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 46 of 1950

Judge

Nihill, C.J, Thacker J

The East African Court of Appeal upheld an acquittal on charges of unlawful society membership and possession of a seditious publication.

• Unlawful Society Membership
• Seditious Publication Possession
• Burden Of Proof
• Lawful Excuse
• Statutory Interpretation
• Unlawful-society-membership

Rex v Gacharu

Rex v Gacharu (Criminal Appeal No. 368 of 1947) [1947] EACA 65 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 368 of 1947

Judge

Bourke J, Nihill, C.J

The court held that possession of distillation apparatus, with knowledge of its character, was enough under the Ordinance even without proof of actual use or intent.

• Possession Of Distillation Apparatus
• Native Liquor Regulation
• Lawful Excuse
• Sentencing Guidelines
• Criminal-law
• Possession-offences