Uganda Case Law

Murimi and Others v Tanzania (Application No. 039/2019; Application No. 040/2019; Application No. 041/2019)

Murimi and Others v Tanzania (Application No. 039/2019; Application No. 040/2019; Application No. 041/2019) [2019] AfCHPR 32 (26 September 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 039/2019 ; Application No. 040/2019 ; Application No. 041/2019

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court ordered joinder of three related applications by co-accused in a Tanzanian murder case, finding the facts, violations, and reliefs sought were similar.

• Joinder Of Cases
• Pleadings Consolidation
• Murder Trial Procedure
• Visual Identification Evidence
• Joinder-of-cases
• Pleadings-consolidation

Mwangi v Rex

Mwangi v Rex (Criminal Appeal No. 93 of 1951.) [1951] EACA 218 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 93 of 1951.

Judge

Lockhart-Smith, J, Nihill P, Worley VP

The Court of Appeal held that the joint trial of separate informations was a nullity, quashed the conviction, and ordered a retrial on one information.

• Joint Trial Of Informations
• Jurisdictional Nullity
• Murder Trial Procedure
• Defence Of Insanity
• Procedural Irregularity
• Joint-trial-of-informations

Ajwang v Rex

Ajwang v Rex (Criminal Appeal No. 129 of 1951) [1951] EACA 251 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 129 of 1951

Judge

Lockhart-Smith, J, Nihill P, Worley VP

The court held that a confession’s voluntariness must be determined after hearing both sides, but the improper admission of the statement did not overturn the murder conviction.

• Admissibility Of Confessions
• Voluntariness Of Statements
• Murder Trial Procedure
• Evidentiary Practice
• Admissibility-of-confessions
• Voluntariness-of-statements

Rex v Tibanyendela

Rex v Tibanyendela (Criminal Appeal No. 142 of 1948) [1948] EACA 36 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 142 of 1948

Judge

Edwards CJ, Gray CJ, Nihill P

The Court of Appeal found that the trial of the appellant was marred by two significant procedural irregularities: (1) the failure to serve the statutory three days' notice of trial, and (2) the failure to serve notice of intention to call a co-accused as a prosecution witness. While the first irregularity could be cured under section 346 of the Tanganyika Criminal Procedure Code if no failure of justice occurred, the second was not curable because the evidence was not of a formal nature and the appellant, being unrepresented, was prejudiced. The Court also noted material discrepancies betwee…

Source excerpt

• Murder Trial Procedure
• Notice Of Trial
• Admissibility Of Evidence
• Representation Rights
• Witness Discrepancies

Rex v Dinu and Others

Rex v Dinu and Others (Criminal Appeals Nos. 232, 233 and 234 of 1947) [1947] EACA 56 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 232, 233 and 234 of 1947

Judge

Graham Paul CJ, Nihill P, Thacker J

The Court of Appeal for Eastern Africa quashed three murder convictions for procedural non-compliance with the Tanganyika Criminal Procedure Code and ordered a retrial.

• Criminal Procedure Irregularities
• Murder Trial Procedure
• Assessors Role
• Opinion Evidence
• Cause Of Death
• Retrial Nullity

Rex v Mereru and Another

Rex v Mereru and Another (CRIMINAL APPEALS Nos. 27, 28, 29 AND 30 OF 1939) [1939] EACA 118 (1 January 1939)

Court

East African Court of Appeal

Case number

CRIMINAL APPEALS Nos. 27, 28, 29 AND 30 OF 1939

Judge

Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ

Although the charge was technically defective for duplicity by including three murders in a single count, the defect was cured by section 335 of the Tanganyika Criminal Procedure Code because there was no evidence or suggestion that the accused were prejudiced or embarrassed in their defence, nor was there any failure of justice. The killings formed part of a single transaction, and the procedural irregularity did not affect the fairness of the trial or the validity of the convictions. The court followed established English, Kenyan, and Indian authorities, holding that procedural errors in th…

Source excerpt

• Duplicity In Charges
• Murder Trial Procedure
• Failure Of Justice
• Joinder Of Offences

Rex v Saite (Cr.A. 87/1934.)

Rex v Saite (Cr.A. 87/1934.) [1937] EACA 171 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A. 87/1934.

Judge

Gamble. Ag. J. (Kenya), Horne J, Lucie-Smith Ag CJ (Kenya)

The Court of Appeal for Eastern Africa held that a judge under Nyasaland Criminal Procedure Code section 202(5) could not order further evidence, but upheld the murder conviction.

• Murder Trial Procedure
• Powers Of Judge
• Admissibility Of Evidence
• Role Of Attorney General
• Criminal-law
• Murder-trial-procedure

Rex v Luzala (Cr.A. 158/33.)

Rex v Luzala (Cr.A. 158/33.) [1937] EACA 106 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A. 158/33.

Judge

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

The Court of Appeal for Eastern Africa held that judgment reasons should be written and read at delivery, but dismissed the appeal because the murder finding was the only reasonable conclusion.

• Judgment Writing Requirements
• Summing Up To Assessors
• Murder Trial Procedure
• Criminal-procedure
• Judgment-writing
• Assessors-summing-up

Rex v Tanywamugwabi (Cr. App. 74/1938.)

Rex v Tanywamugwabi (Cr. App. 74/1938.) [1933] EACA 21 (1 January 1933)

Court

East African Court of Appeal

Case number

Cr. App. 74/1938.

Judge

Barth CJ, Gamble. Ag. J. (Kenya), Thomas, J. (Kenya)

The Court of Appeal for Eastern Africa quashed a murder conviction because two distinct offences were charged in one count, contrary to Uganda procedure rules.

• Joinder Of Charges
• Duplicity Of Counts
• Murder Trial Procedure
• Criminal Information
• Prejudice Due To Procedure
• Duplicity-of-counts