Uganda Case Law

Rex v Mbugeramula

Rex v Mbugeramula (Criminal Appeal No. 101 of 1951 .) [1951] EACA 207 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 101 of 1951 .

Judge

Lewis, Ag. J. (Uganda), Nihill P, Worley VP

The Court held that after the coming into force of section 303 of the Criminal Procedure Code, 1950, the procedure for forfeiture or confiscation of property in criminal cases is governed by its provisions, which require the court to exercise its discretion judicially and provide an opportunity for third parties, such as innocent owners, to establish their rights to the property. The Court found that the High Court was correct in setting aside the peremptory confiscation order made by the Magistrate without hearing the owner, as the exercise of discretion must be based on the facts of each ca…

Source excerpt

• Forfeiture Of Property
• Arms And Ammunition Offences
• Judicial Discretion
• Revisional Jurisdiction
• Criminal Procedure
• Rights Of Third Parties

Rex v Khan

Rex v Khan (Criminal Revision Case No. 13 of 1950) [1950] EACA 110 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Revision Case No. 13 of 1950

Judge

Modera J, Thacker, Ag. C.J

The court rejected an out-of-time appeal but, in revision, quashed a conviction based on a guilty plea entered by a third party, holding the trial a nullity.

• Plea Of Guilty
• Appeal Out Of Time
• Revisional Jurisdiction
• Conviction In Absentia
• Appeal-out-of-time
• Guilty-plea

Rex v Banyanga (Cr. App. No. 167/1937)

Rex v Banyanga (Cr. App. No. 167/1937) [1938] EACA 42 (1 January 1938)

Court

East African Court of Appeal

Case number

Cr. App. No. 167/1937

Judge

Francis, Ag. C.J. (Uganda), Lane, Ag. J, Law, C.J (Zanzibar), Sheridan, (C.J. Kenya)

The Court held that a retrial ordered in revision without hearing the accused was prejudicial and invalid, so the second conviction was quashed.

• Revisional Jurisdiction
• Right To Be Heard
• Confirmation Of Death Sentence
• Prejudice To Accused
• Retrial Orders
• Criminal-appeal

Raja v Gopal (Cr. Rev. Case No. 32 of 1936)

Raja v Gopal (Cr. Rev. Case No. 32 of 1936) [1936] EACA 135 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr. Rev. Case No. 32 of 1936

Judge

Sheridan CJ, Webb, J

The court refused criminal revision, holding that revisional jurisdiction is discretionary and should not be used where a case stated remedy is available.

• Jurisdiction Of Magistrate
• Private Prosecution
• Revisional Jurisdiction
• Case Stated Remedy
• Criminal-revision
• Revisional-jurisdiction