Rex v Hasham (Criminal Appeal No. 128 of 1941) [1941] EACA 93 (1 January 1941)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 128 of 1941
Judge
Sheridan, (C.J. Kenya), Whitley CJ, Wilson J
Second appeal against a conviction for receiving stolen property was dismissed because the Court of Appeal could not reweigh evidence where some competent evidence supported the findings.
Rex v Kala (Criminal AppealNo. 71 of 1941) [1941] EACA 66 (1 January 1941)
Court
East African Court of Appeal
Case number
Criminal AppealNo. 71 of 1941
Judge
Thacker J, Webb, J, Whitley CJ
The Court held that a second appeal is only permissible on a matter of law, not on questions of fact. The appellant failed to demonstrate any legal issue arising from the lower courts' decisions, as both the magistrate and the Supreme Court had considered the evidentiary presumption regarding the cheque counterfoil and found sufficient factual evidence to support the conviction. Therefore, the application for leave to appeal was refused, reaffirming the principle that findings of fact by the second court are final unless a point of law is involved.