Uganda Case Law

Charles Mwanja V Uganda

Charles Mwanja V Uganda (Miscellaneous Application No. 0021 of 2009) [2010] UGHC 192 (26 March 2010)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 0021 of 2009

Judge

Owiny-Dollo, J

The court found that the applicant had promptly and diligently instructed his counsel to appeal and could not be expected to know the procedural requirements for filing a notice of appeal. The failure to file the appeal was solely due to counsel's omission, not any dilatory conduct by the applicant. The court held that mistake or negligence of counsel should not be visited upon the applicant, especially where the applicant had done all that was required of him. Furthermore, the applicant raised a substantive legal issue regarding the absence of the Director of Public Prosecutions' consent, wh…

Source excerpt

• Extension Of Time
• Appeals Process
• Mistake Of Counsel
• Abuse Of Office
• Financial Loss
• Prosecutorial Consent

Kisiangani v Reginam

Kisiangani v Reginam (Criminal Appeal No. 985 of 1954) [1955] EACA 344 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 985 of 1954

Judge

De Lestang J, Windham J, Worley VP

The Court set aside a conviction because the District Commissioner who consented to prosecute later tried the same case, undermining the appearance of impartial justice.

• Unlawful Societies
• Prosecutorial Consent
• Judicial Impartiality
• Penal Code Section 71
• Penal Code Section 72
• Criminal-law

Rex v Eman

Rex v Eman (Criminal Appeal No. 91 of 1945) [1945] EACA 48 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 91 of 1945

Judge

Horne J, Lucie-Smith, J. (Kenya)

The court held that a magistrate who investigated and directed a prosecution was not disqualified absent actual bias, but the conviction failed because prosecutorial consent was missing.

• Corrupt Practices
• Judicial Bias
• Prosecutorial Consent
• Magistrate Powers
• Judicial-bias
• Criminal-procedure