Uganda Case Law

Maguha and Others v Rex (Cr. A.s 122, 123, 124, 125 and 126/1934 (Consolidated).)

Maguha and Others v Rex (Cr. A.s 122, 123, 124, 125 and 126/1934 (Consolidated).) [1937] EACA 182 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr. A.s 122, 123, 124, 125 and 126/1934 (Consolidated).

Judge

Abrahams CJ, Ag P (Uganda), Law, C.J (Zanzibar), McDougall, Ag. C.J. (Tanganyika)

The Court held that the trial was invalid because two separate informations—one for murder and one for conspiracy to murder the same person—were tried together. This contravenes established precedent (Rex v. Kristofa Male) and the procedural requirements of the Tanganyika Criminal Procedure Code. As a result, the convictions arising from such a trial cannot stand and must be quashed. However, due to the nature of the evidence presented, the Court ordered that the appellants be retried in accordance with proper procedure.

Source excerpt

• Procedure For Multiple Informations
• Murder
• Conspiracy To Murder