Uganda Case Law

Queen v M'igane and Another

Queen v M'igane and Another (Criminal Case No. 120 of 1954) [1954] EACA 156 (1 January 1954)

Court

East African Court of Appeal

Case number

Criminal Case No. 120 of 1954

Judge

Cram J

The court held that the committal proceedings were fundamentally defective because the magistrate relied on extra-judicial statements not properly put in evidence, as the recording magistrate was not called as a witness. This violated the mandatory requirements of section 229 of the Criminal Procedure Code, which are designed to ensure a fair trial by allowing the accused to cross-examine witnesses and by requiring proper authentication of statements. The failure to comply with these requirements was an incurable irregularity that prejudiced the accused, depriving them of a possible chance of…

Source excerpt

• Committal Proceedings
• Admissibility Of Confessions
• Procedural Irregularities
• Right To Cross Examine

Thuo and Another v Rex

Thuo and Another v Rex (Criminal Appeals Nos. 133 and 134 of 1951) [1951] EACA 117 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 133 and 134 of 1951

Judge

Bourke J, Connell, Ag.J

The court quashed convictions after finding the magistrate failed to inform unrepresented accused of their right to cross-examine recalled witnesses.

• Recall Of Witnesses
• Right To Cross Examine
• Unrepresented Accused
• Section 150 Criminal Procedure Code
• Recall-of-witnesses
• Right-to-cross-examine