Maxwell v Kalyanji and Others (Civil Case No. 762 of 1951) [1952] EACA 278 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Case No. 762 of 1951
Judge
Bourke J
A chattels mortgagee challenged execution against mortgaged goods, but the court held the originating summons under Order 21 was not the proper procedure.
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…