Uganda Case Law

Chelimo v Chemayi (Revision Cause No. 4 of 2020)

Chelimo v Chemayi (Revision Cause No. 4 of 2020) [2021] UGHCCD 184 (12 October 2021)

Court

HC: Civil Division (Uganda)

Case number

Revision Cause No. 4 of 2020

Judge

Byaruhanga Rugyema, J

The High Court held that the trial Magistrate did not act outside his jurisdiction or with material irregularity by using a GPS to determine the acreage of the suit land during the locus visit. The court found that GPS is a modern and acceptable tool for land measurement, and there was no evidence that the Magistrate lacked competence to use it. The official survey report on record, commissioned by the court, implemented the judgment and demarcated the decreed 73.2 acres. The applicant's grievance regarding the acreage and the use of GPS does not fall within the scope of revision under Sectio…

Source excerpt

• Revision Jurisdiction
• Execution Of Decrees
• Land Ownership Disputes
• Survey Evidence
• Magistrate Powers

Uganda v Sekatuka

Uganda v Sekatuka (Criminal Revision 10 of 1995) [1995] UGHC 55 (19 December 1995)

Court

High Court of Uganda

Case number

Criminal Revision 10 of 1995

Judges

GM OKELLO, J

The High Court set aside an illegal sentence that exceeded the statutory maximum and improperly let the accused choose the penalty, then substituted a lawful fine.

• Sentencing Illegality
• Magistrate Powers
• Revision Of Sentence
• Sentencing-illegality
• Magistrate-powers
• Revision-of-sentence

Stephene v Regina

Stephene v Regina (Criminal Appeal No. 98 of 1953) [1953] EACA 7 (1 January 1953)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 98 of 1953

Judge

Bourke J, Hearne CJ

The court held that section 25(g) of the Resident Labourers Ordinance did not create a criminal offence. The magistrate could only rescind the contract of service.

• Resident Labourers
• Failure To Obey Order
• Magistrate Powers
• Contract Of Service
• Criminal-law
• Statutory-interpretation

Rex v Kaninu

Rex v Kaninu (Criminal Revision Case No. 114 of 1949) [1950] EACA 108 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Revision Case No. 114 of 1949

Judge

Modera J

The court held that forfeiture under section 8(b)(1) of the Sugar Ordinance arose by operation of law, so the Magistrate’s forfeiture order was set aside.

• Forfeiture Of Property
• Operation Of Law
• Magistrate Powers
• Sugar Ordinance
• Possession Of Prohibited Goods
• Forfeiture-of-property

Rex v Gokaldas and Others

Rex v Gokaldas and Others (Criminal Appeals Nos. 304, 306 and 307 of 1948 (Consolidated)) [1948] EACA 73 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 304, 306 and 307 of 1948 (Consolidated)

Judge

Bourke J, Modera J

The court held that no appeal lies against a magistrate’s order to execute a bond to keep the peace under section 53 of the Criminal Procedure Code.

• Right Of Appeal
• Security For Keeping Peace
• Magistrate Powers
• Statutory Interpretation
• Right-of-appeal
• Security-for-keeping-peace

Rex v Eman

Rex v Eman (Criminal Appeal No. 91 of 1945) [1945] EACA 48 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 91 of 1945

Judge

Horne J, Lucie-Smith, J. (Kenya)

The court held that a magistrate who investigated and directed a prosecution was not disqualified absent actual bias, but the conviction failed because prosecutorial consent was missing.

• Corrupt Practices
• Judicial Bias
• Prosecutorial Consent
• Magistrate Powers
• Judicial-bias
• Criminal-procedure

Rex v Hughes (Cr.App. 1/1929.)

Rex v Hughes (Cr.App. 1/1929.) [1929] EACA 145 (1 January 1929)

Court

East African Court of Appeal

Case number

Cr.App. 1/1929.

Judge

Sheridan, J, Thomas, J. (Kenya)

The court held that section 9 of the Resident Native Labourers Ordinance did not clearly require production of the register on demand or create a penal offence for refusal.

• Statutory Interpretation
• Failure To Produce Document
• Magistrate Powers
• Penal Provisions
• Labour Regulation
• Statutory-interpretation