Uganda Case Law

Rex v Waithaka

Rex v Waithaka (Criminal Appeal No. 84 of 1942) [1942] EACA 74 (1 January 1942)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 84 of 1942

Judge

Bartley J, Hayden J

The court found that the police officers were not acting in the due execution of their duty because there was no strict proof that an order had been issued by a headman under section 8(a) of the Native Authority Ordinance, 1937, prohibiting possession of native intoxicating liquor in the native reserve. As such, the accused were entitled to resist arrest and seizure of the liquor. However, the court held that the force used by the accused exceeded what was necessary for that purpose. Consequently, the convictions for assaulting police officers in the due execution of their duty were altered t…

Source excerpt

• Assault On Police
• Common Assault
• Execution Of Duty
• Native Liquor Offences

Omolo v Rex

Omolo v Rex (Criminal Appeal No. 89 of 1941) [1940] EACA 60 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 89 of 1941

Judge

Bartley J, Hayden J

The court held that a charge of merely manufacturing native intoxicating liquor in a municipality did not disclose an offence under section 15(1) of the Native Liquor Ordinance, 1930.

• Interpretation Of Statutes
• Native Liquor Offences
• Plea Of Guilty
• Jurisdiction Of Magistrate
• Autrefois Acquit
• Statutory-interpretation