Uganda Case Law

Jiwa v Rex

Jiwa v Rex (Criminal Appeal No. 263 of 1950) [1951] EACA 155 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 263 of 1950

Judge

Edwards CJ, Lockhart-Smith, Ag. VP, Nihill P

The Court held that section 45(2) of the Cotton Ordinance creates two distinct offences: failing to keep licensed premises open and failing to purchase raw cotton when brought for sale. The statutory language, if read literally, would lead to an absurd result, allowing licence holders to evade the law by simply keeping their premises closed. The Court applied the principle that statutory interpretation should avoid absurdity and give effect to the legislative intent. The conviction was upheld because the appellant's admitted failure to keep the store open during notified buying days constitut…

Source excerpt

• Statutory Interpretation
• Licensing Offences
• Cotton Ordinance Compliance

Rex v Mushhad

Rex v Mushhad (Criminal Appeal No. 115 of 1939) [1940] EACA 7 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 115 of 1939

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The East African Court of Appeal held that an accused charged with buying gold without a licence had the burden of proving he held one, and dismissed the appeal.

• Burden Of Proof
• Licensing Offences
• Evidence Act Application
• Gold Trading Regulation
• Burden-of-proof
• Licensing-offences