Singh v Rex (Criminal Appeal No. 271 of 1950) [1950] EACA 81 (1 January 1950)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 271 of 1950
Judge
Connell, Ag.J, Modera J
The court held that the appellant's statement in the affidavit, while intended to give the impression of continuous presence in Kenya, did not explicitly state so and was not incompatible with the admitted absences. There was no evidence that the appellant was not working with his father during his trips to India, and the prosecution failed to prove that the statement was impossible rather than merely incredible. The law requires that perjury be established by proof that the statement could not possibly be true, not simply that it is misleading or ambiguous. The conviction was therefore unsus…
Rex v Rono (Criminal Appeal No. 431 of 1948) [1948] EACA 81 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 431 of 1948
Judge
Nihill P
The appeal against a perjury conviction succeeded because the statement relied on was a joint statement, and the trial court improperly called a witness after the defence closed.
Rex v Huba and Another (Criminal Appeals Nos. 379 and 380 of 1948 Consolidated) [1948] EACA 84 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 379 and 380 of 1948 Consolidated
Judge
Modera J
The court upheld convictions for giving false evidence before a Native Tribunal, holding materiality was not required under section 29, and set aside compensation awarded to the complainant.
Rex v Singh (Criminal Appeal No. 481 of 1946) [1947] EACA 76 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 481 of 1946
Judge
Bourke J, Horne J
The conviction for perjury was set aside because the record of the appellant's evidence in the civil suit, which formed the basis of the perjury charge, was not recorded in accordance with Order XVI, rule 6, of the Civil Procedure Rules. The rule requires that when evidence is taken down in a language different from that in which it is given, and the witness does not understand the language in which it is taken down, the evidence must be interpreted back to the witness. There was no waiver of this requirement, and the interpreter's testimony, which relied on the inadmissible record, could not…
Rex v Mitha (Criminal Appeal No. 221 of 1944) [1945] EACA 12 (1 January 1945)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 221 of 1944
Judge
Sheridan CJ, Whitley CJ, Wilson CJ
The Court of Appeal for Eastern Africa dismissed a second criminal appeal, upholding a perjury conviction and holding that the false statement was material.
Rex v Atkinson (Criminal Appeal No. 180 of 1943) [1943] EACA 39 (1 January 1943)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 180 of 1943
Judge
McRoberts J, Webb CJ, Whitley CJ
Perjury appeal dismissed: one witness plus corroborating evidence was enough under section 107, and the trial judge’s use of the civil record did not justify reversal.
Rex v Nunes (Cr. App. No. 16/35.) [1935] EACA 139 (1 January 1935)
Court
East African Court of Appeal
Case number
Cr. App. No. 16/35.
Judge
Gamble. Ag. J. (Kenya), Webb, J
The Court of Appeal quashed two perjury convictions, holding the charges lacked particularity, the alleged falsity was not proved, and a private prosecutor could not appear on appeal.
Rex v Rawebhai (Cr. App. 26/1931.) [1931] EACA 23 (1 January 1931)
Court
East African Court of Appeal
Case number
Cr. App. 26/1931.
Judge
Barth CJ, Dickinson, J
The East African Court of Appeal reversed a perjury conviction, holding the affidavit related to judicial proceedings and should not have been prosecuted under section 101.