Rex v Nyawa (Cr. App. 42/1933.) [1933] EACA 18 (1 January 1933)
Court
East African Court of Appeal
Case number
Cr. App. 42/1933.
Judge
Abrahams CJ, Ag P (Uganda), Sheridan, C.J. (Tanganyika)
The court dismissed a criminal appeal, holding that even without the wife's evidence the conviction was supported. It also said the Crown should prove a wife's status before admitting her testimony.
The Court held that there is no inconsistency between the decisions in Rex v. Amkeyo and Rex v. Doudi Odongo. The former is authority for the proposition that the evidence of a wife by native custom against her husband is admissible under section 122 of the Indian Evidence Act, and the latter concerns the definition of 'wife' for the purposes of bigamy under the Indian Penal Code, which is not relevant to the admissibility of evidence in criminal proceedings. The Court found that the testimony of the woman married to the appellant under native custom was rightly admitted, and the conviction w…
Rex v Mamure (Cr. App. 177/1932.) [1932] EACA 24 (1 January 1932)
Court
East African Court of Appeal
Case number
Cr. App. 177/1932.
Judge
Barth CJ, Law, Ag C.J. (Uganda), Thomas, J. (Kenya)
The Court of Appeal for Eastern Africa held that a wife married by native custom was a competent witness and that words alone did not reduce a deadly-weapon killing from murder to manslaughter.
Robin v Rex (Cr.. App. 3/1929.) [1929] EACA 134 (1 January 1929)
Court
East African Court of Appeal
Case number
Cr.. App. 3/1929.
Judge
Guthrie-Smith, J. (Uganda), Muir Mackenzie, J. (Tanganyika), Sheridan, Actg. C.J. (Kenya)
The Court of Appeal for Eastern Africa quashed a murder conviction, holding that a wife in a native polygamous marriage could testify against her husband, and excluding a disputed post-stabbing statement.