Uganda Case Law

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 Wage (Cr.A. 38/1934.)

Rex v Wage (Cr.A. 38/1934.) [1937] EACA 148 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A. 38/1934.

Judge

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

The Court of Appeal for Eastern Africa held that lack of three days' notice of trial was a curable irregularity under the Criminal Procedure Code, and dismissed the appeal.

• Criminal Procedure Code
• Notice Of Trial
• Irregularity Cure
• Failure Of Justice
• Criminal-procedure
• Notice-of-trial