Uganda Case Law

Shah and Another v Regina

Shah and Another v Regina (Criminal Appeals Nos. 336 and 337 of 1952) [1952] EACA 289 (1 January 1952)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 336 and 337 of 1952

Judge

Hearne CJ, Windham J

The court held that the prosecution failed to prove beyond reasonable doubt that the appellants were partners in the firm as alleged in the charge. The documentary evidence relied upon to establish partnership was inadmissible against the appellants, as the forms were either signed by a third party or not in the appellant's handwriting. However, the allegation of partnership was deemed surplusage and not essential to the conviction. The court found that the evidence established that the first appellant actually sold the sugar at an excessive price, and the second appellant abetted the sale by…

Source excerpt

• Price Control Offences
• Proof Of Partnership
• Criminal Liability
• Evidence Assessment

Din v Rex

Din v Rex (Criminal Appeal No. 56 of 1951) [1951] EACA 245 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 56 of 1951

Judge

Lockhart-Smith, J, Nihill P, Worley VP

The Court of Appeal for Eastern Africa dismissed a criminal appeal over price-controlled goat meat sold and invoiced as mutton chops at an excessive price.

• Price Control Offences
• Fraudulent Misrepresentation
• Definition Of Sale
• Public Interest Regulation
• Price-control-offences
• Fraudulent-misrepresentation

Rex (Price Controller) v Hemraj

Rex (Price Controller) v Hemraj (Criminal Appeal No. 112 of 1947) [1947] EACA 37 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 112 of 1947

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The Court of Appeal for Eastern Africa quashed a conviction because the magistrate relied on notes not produced in evidence, making the conviction unsafe.

• Evidence Admissibility
• Criminal Procedure
• Price Control Offences
• Criminal-evidence
• Criminal-appeals
• Admissibility-of-documents

Rex v Bhanji

Rex v Bhanji (Criminal Appeal No. 122 of 1947) [1947] EACA 40 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 122 of 1947

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The East African Court of Appeal held that a purchaser was not an accomplice in an overpricing offence and dismissed the appeal.

• Accomplice Evidence
• Corroboration Requirements
• Price Control Offences
• Fresh Evidence On Appeal
• Criminal-evidence
• Accomplice-corroboration

Rex v Central African Contractors Ltd

Rex v Central African Contractors Ltd (Criminal Appeal No. 198 of 1944) [1945] EACA 54 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 198 of 1944

Judge

Bartley J, Sheridan CJ

The court dismissed a company’s appeal against price-control convictions, holding that the regulation imposed absolute liability and that transport charges had not been proved.

• Price Control Offences
• Absolute Liability
• Corporate Criminal Responsibility
• Burden Of Proof
• Mens Rea Absence
• Absolute-liability

Rex v Ferrari

Rex v Ferrari (Criminal Appeal No. 200 of 1944) [1945] EACA 53 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 200 of 1944

Judge

Bartley J, Sheridan CJ

The court allowed an appeal against price-control convictions, holding that the evidence did not prove the appellant was an officer of the company.

• Company Officers
• Price Control Offences
• Corporate Liability
• Interpretation Of Statutes
• Company-officers
• Price-control-offences

Rex v Gidoomal

Rex v Gidoomal (Criminal Appeal No. 156 of 1944 (Case Stated)) [1944] EACA 3 (1 January 1944)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 156 of 1944 (Case Stated)

Judge

Bartley J, Sheridan CJ

The court held that cheap English shirts were not “like or similar” to Van Heusen shirts for price-control purposes, and the Price Controller’s certificate stood unrebutted.

• Price Control Offences
• Defence Regulations
• Interpretation Of Like Or Similar Goods
• Evidentiary Standards
• Regulatory Compliance
• Price-control-offences

Rex v Meghji and Another

Rex v Meghji and Another (Criminal Appeals Nos. 9 & 10 of 1943 (Consolidated)) [1943] EACA 55 (1 January 1943)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 9 & 10 of 1943 (Consolidated)

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ

The court held that Mohanlal, as a hotel-keeper, was a retailer under the Defence (Price of Goods) Regulations, 1941, because he purchased rice for use in his business and supplied it to customers, thus acting as a trader selling goods to consumers. The certificate fixing the maximum wholesale price for rice, although citing Regulation 5 of the 1941 Regulations instead of the correct authority, was not invalidated by this error. The certificate was prima facie evidence of the price fixed, and there was no evidence to the contrary. The appeals were dismissed and the sentences confirmed, as no…

Source excerpt

• Defence Regulations
• Price Control Offences
• Definition Of Consumer
• Definition Of Retailer
• Validity Of Certificate
• Hotel Keeper Liability

Rex v Ramji

Rex v Ramji (Criminal Appeal No. 185 of 1941) [1942] EACA 65 (1 January 1942)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 185 of 1941

Judge

Bartley J, Sheridan CJ

The court held that an accused’s advocate cannot make binding prejudicial admissions, but it could take judicial notice of the price-fixing order and reduced the sentence.

• Price Control Offences
• Judicial Notice
• Advocate Admissions
• Sentencing Guidelines
• Judicial-notice
• Advocate-admissions

Harji v Rex

Harji v Rex (Criminal Appeal No. 63 of 1941) [1940] EACA 59 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 63 of 1941

Judge

Bartley J, Sheridan CJ

The court upheld a conviction for selling cigarette papers at an excessive price, finding the amending regulation valid and holding that "paper manufactures" covered cigarette papers.

• Defence Regulations
• Price Control Offences
• Judicial Notice
• Statutory Interpretation
• Judicial-notice
• Statutory-interpretation