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Uganda decisions
Decisions matching the current search
Kundanlal Restaurant v Devshi and Company (Civil Appeal No. 76 of 1951) [1952] EACA 77 (1 January 1952)
The Court of Appeal held that the defendants had raised triable issues and were entitled to unconditional leave to defend. A payment-into-court condition was set aside.
Rex v Hemani Provision Stores (Criminal Appeal No. 176 of 1951) [1951] EACA 274 (1 January 1951)
The Court held that the sale of goods was completed upon delivery and acceptance at the invoice price, which reflected the lawful maximum price for price-controlled goods. The subsequent endorsement demanding a 10 per cent surcharge was made after the completion of the sale and did not form part of the contract or constitute an attempt to sell above the maximum price. There was no misrepresentation or undisclosed condition at the time of sale, and the demand for extra payment was gratuitous and without consideration. Accordingly, the conduct did not offend against regulations 11 (1) or 16 of…
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Rex v Mepa and Others (Criminal Appeals Nos. 376, 377 and 378 of 1946 (Consolidated)) [1947] EACA 79 (1 January 1947)
The court quashed convictions of two appellants because the prosecution proved no employer-partner relationship and counsel’s admission could not replace proof in criminal proceedings.
Rex v Kampala Oil, Flour and Soap Manufacturing Co., Ltd. and Others (Criminal Appeals Nos. 251, 252 and 253 of 1947) [1947] EACA 50 (1 January 1947)
The court held that the prosecution failed to prove by admissible evidence that the price of simsim oil had been fixed by the Controller of Prices through Protectorate Order No. 1 of 1947. The only evidence presented was hearsay and an unverified notice, neither of which satisfied the requirements of Regulation 20 of the Uganda Defence (Control of Prices and Distribution) Regulations, 1943. The order was not published in the Uganda Government Gazette, and there was no certificate from the Controller or his officers as required by law. The court could not assume the existence or contents of th…
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Rex v Janmohamed Jaffer, Ltd (Criminal Appeal No. 164 of 1944) [1945] EACA 14 (1 January 1945)
The court held that Regulation 6(6) of the Uganda Price of Goods Regulations, 1942, requires an entry to be made only when there is an actual sale or a definite agreement to sell on agreed terms. In this case, the evidence did not establish that there was a definite sale or agreement to sell between the appellant and the Fancy Tailoring House. The deposit paid was not tied to a specific contract or agreed terms for the sale of goods, and the buyer was free to withdraw the deposit and purchase elsewhere. Since the requisite entries and invoices were made whenever actual sales occurred, and the…
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Rex v Abdulhussein (Criminal Appeal (Case Stated) No. 153 of 1942) [1942] EACA 78 (1 January 1942)
The court held that Regulation 19(1)(c) was not limited by Regulation 6(1), and set aside the acquittal for refusing to furnish information.
