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Uganda decisions
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Rex v Majengo (Cr: Rev. Case No. 30/38) [1938] EACA 191 (1 January 1938)
The court held that Nairobi Municipality By-law 557(3)(d) was ultra vires insofar as it allowed a native convict to be ordered back to his reserve and punished for disobedience.
Rex v Naser (Criminal Appeal No. 198 of 1950) [1951] EACA 143 (1 January 1951)
The Court of Appeal held that section 15(b) of the Interpretation and General Clauses Ordinance confers power on the Governor in Council to annex penalties to breaches of subsidiary legislation, even in the absence of an omnibus clause in the parent Ordinance. The rules made under the Animal Diseases Ordinance were not inconsistent with the Ordinance, as the Ordinance did not prohibit the annexation of penalties to breaches of rules validly made under its authority. The Supreme Court's interpretation of 'inconsistency' was incorrect; inconsistency requires a direct conflict or prohibition, no…
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