Uganda Case Law

Uganda v Ogwang

Uganda v Ogwang (Criminal Appeal 48 of 2020) [2023] UGSC 60 (12 October 2023)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 48 of 2020

Judge

Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC, Elizabeth Musoke, JSC

The Supreme Court held that failure to record the plea did not, in itself, render the trial a nullity, as the respondent participated fully in the proceedings and there was no evidence of deprivation of the right to be heard or any miscarriage of justice. The Court of Appeal erred by treating the omission as a technicality warranting nullification of the trial and refusing a retrial without reviewing the substance of the proceedings. The Supreme Court clarified that Section 60 of the Trial on Indictments Act is directory, not strictly mandatory, and that substantive justice should prevail ove…

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• Murder Trial
• Plea Irregularity
• Retrial Guidelines
• Judicial Discretion
• Nullity Of Proceedings

Rex v Kija and Others

Rex v Kija and Others (Criminal Appeals Nos. 186, 187 and 188 of 1947) [1947] EACA 46 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 186, 187 and 188 of 1947

Judge

Bartley J, Graham Paul CJ, Nihill P

The Court of Appeal for Eastern Africa held that a judge’s strong advice to unrepresented accused not to say anything rendered their murder trial a nullity.

• Judicial Advice To Accused
• Procedural Nullity
• Right To Defence
• Murder Trial
• Unrepresented Accused
• Criminal-procedure

Rex v Chepsiror

Rex v Chepsiror (Criminal Appeal No. 111 of 1940) [1940] EACA 22 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 111 of 1940

Judge

Webb CJ, Whitley CJ, Wilson J

The court held that a dying declaration recorded in writing by a magistrate was admissible when the magistrate testified to it, even though the deceased did not sign it.

• Admissibility Of Evidence
• Dying Declaration
• Extra Judicial Statement
• Criminal Procedure
• Murder Trial
• Dying-declaration

Rex v Abdi and Another (Cr. App. 122 &_123/1933.)

Rex v Abdi and Another (Cr. App. 122 &_123/1933.) [1937] EACA 67 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr. App. 122 &_123/1933.

Judge

Abrahams CJ, Ag P (Uganda), Horne J, Sheridan CJ

The Court of Appeal held it could not rely on a dying declaration rejected by the trial magistrate, and dismissed the appeals.

• Admissibility Of Evidence
• Dying Declaration
• Murder Trial
• Criminal Procedure
• Dying-declaration
• Admissibility-of-evidence

Rex v Mdoka and Another (Cr. App. 150/1933.)

Rex v Mdoka and Another (Cr. App. 150/1933.) [1937] EACA 79 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr. App. 150/1933.

Judge

Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The court held that although evidence on oath given by the accused before the committing magistrate can generally be used against him at trial, the deposition in this case was improperly admitted because section 266 of the Tanganyika Criminal Procedure Code refers specifically to unsworn statements. The Legislature distinguishes between the methods of admitting sworn and unsworn statements, and the formalities for admitting sworn evidence were not satisfied. Nevertheless, the exclusion of this evidence did not affect the propriety of the conviction, as the remaining evidence established a pri…

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• Admissibility Of Evidence
• Statements By Accused
• Committal Proceedings
• Murder Trial

Rex v Maganga (Cr. App. No. 62/1936.)

Rex v Maganga (Cr. App. No. 62/1936.) [1936] EACA 48 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr. App. No. 62/1936.

Judge

Abrahamas, C.J. (Tanganyika), Gamble, J. (Uganda), Sheridan CJ

The Court held that a denial by an accused that he ever made a confession, which is put in evidence against him, is not a retraction of the confession. To retract a confession is to declare to be false a confession which is admitted to have been made. There is no authority requiring a court to treat a confession denied as if it were a confession retracted. Therefore, a court may convict upon such a confession without corroboration, provided the circumstances indicate no reason to doubt its truth. The trial judge properly found that the confession was made freely and voluntarily after the stat…

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• Confession Evidence
• Retracted Confession
• Corroboration Requirement
• Murder Trial

Rex v Kadongo (Cr. App. No. 51/1936.)

Rex v Kadongo (Cr. App. No. 51/1936.) [1936] EACA 51 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr. App. No. 51/1936.

Judge

Abrahamas, C.J. (Tanganyika), Gamble, J. (Uganda), Sheridan CJ

The Court of Appeal held that prosecutors need not call every witness who made a deposition, so long as those witnesses are available for the defence.

• Duty Of Prosecution
• Calling Witnesses
• Evidence Evaluation
• Murder Trial
• Criminal-procedure
• Calling-witnesses

Rex v Gabriel (Cr. App. No. 111/1935.)

Rex v Gabriel (Cr. App. No. 111/1935.) [1936] EACA 36 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr. App. No. 111/1935.

Judge

Abrahamas, C.J. (Tanganyika), Fretz, Ag. C.J. (Zanzibar), Sheridan CJ

The court held that a deceased’s statement was not admissible as a dying declaration because there was no proof of belief in impending death. The conviction was quashed.

• Admissibility Of Evidence
• Dying Declarations
• Misreception Of Evidence
• Murder Trial
• Cross Examination
• Burden Of Proof

Rex v Ngwililwa (Cr. App. No. 101/1935.)

Rex v Ngwililwa (Cr. App. No. 101/1935.) [1936] EACA 25 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr. App. No. 101/1935.

Judge

Abrahamas, C.J. (Tanganyika), Fretz, Ag. C.J. (Zanzibar), Sheridan CJ

The Court of Appeal held that an accomplice’s evidence in a murder trial was not corroborated by an alleged confession or suspicious circumstances. The accused was acquitted.

• Accomplice Evidence
• Corroboration
• Murder Trial
• Judicial Intervention
• Confession Evidence
• Accomplice-evidence

Rex v Maingi

Rex v Maingi (Criminal Appeal 189/1934.) [1935] EACA 66 (1 January 1935)

Court

East African Court of Appeal

Case number

Criminal Appeal 189/1934.

Judge

Law, C.J (Zanzibar), Sheridan, P, Webb, J

The Court of Appeal for Eastern Africa held it was unsafe to convict on a retracted confession without material corroboration and allowed the murder appeal.

• Retracted Confession
• Corroboration Requirement
• Functions Of Assessors
• Admissibility Of Statements
• Murder Trial
• Retracted-confession