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Uganda decisions
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Lwakataka and 5 Others v Uganda (Criminal Revision 7 of 2022) [2022] UGHCCRD 62 (13 October 2022)
The High Court dismissed a criminal revision application, holding that the challenged orders were interlocutory, the affidavits were defective, and the cases were misjoined.
Byarugaba Mustafa and 2 Others v Ampaire and 2 Others (Local Government Election Petition No. 11 of 2011) [2021] UGHCEP 9 (28 September 2021)
The High Court struck out an election petition for premature filing before gazette publication and for joining two distinct electoral areas in one petition.
Rex v Jetha (Criminal Appeal No. 291 of 1945) [1946] EACA 27 (1 January 1946)
The Court held that although it was doubtful whether the fifth charge of giving false information was founded on the same facts as the charges of obtaining money by false pretences, any irregularity in the joinder of charges was curable under Section 335 of the Criminal Procedure Code, 1930, provided no failure of justice occurred. The test for failure of justice is whether the irregularity caused prejudice or embarrassment to the accused. The Court found no such prejudice, as evidence of the false report could have been admitted to establish fraudulent intent even if tried separately. The Ma…
Source excerpt
Rex v Singh and Another (C.A. 35/1934.) [1937] EACA 110 (1 January 1937)
The Court of Appeal for Eastern Africa upheld a conviction for possession of counterfeiting tools, holding that accomplice evidence needed corroboration and that corroboration was present.
Rex v Kipsang (Con. C. 575/1933.) [1933] EACJ 8 (1 January 1933)
The court quashed convictions for burglary-related charges, holding that joinder under section 132(a) of the Criminal Procedure Code applies only to offences punishable under the same section.
Kitundu v Rex (Cr. App. 64/1930.) [1930] EACA 162 (1 January 1930)
The court held that “the same kind” in section 132(a) of the Criminal Procedure Code means offences punishable under the same section, quashing the conviction for misjoinder.
