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12 Feb 2015

Criminal Law [2015] UGCA 12

Waidha v Uganda

Waidha v Uganda (Criminal Appeal No. 299 of 2014) [2015] UGCA 12 (12 February 2015)

Court: Court of Appeal of Uganda
Case number: Criminal Appeal No. 299 of 2014
Judge: Bossa, JA

The court found that the applicant's previous appeal was struck out for procedural reasons, not on its merits. The errors in drafting the memorandum of appeal were attributable to counsel and should not prejudice the applicant. The proposed grounds of appeal raise arguable points of law, specifically regarding the proof of essential ingredients of the offence and the admissibility of a co-accused's confession. In the interests of justice, and given the court's inherent powers and discretion under the rules, sufficient grounds exist to justify extension of time for filing the appeal. The appli…

Source excerpt

Extension Of Time
Second Appeal
Grounds Of Appeal
Errors Of Counsel

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1 Jan 1941

Criminal Law [1941] EACA 66

Rex v Kala

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.