Uganda Case Law

Rex v Asani (Cr. App. 63/1930.)

Rex v Asani (Cr. App. 63/1930.) [1932] EACA 29 (1 January 1932)

Court

East African Court of Appeal

Case number

Cr. App. 63/1930.

Judges

Barth, C.J (Kenya), Griffin C.J. (Uganda), Pickering, C.J. (Zanzibar)

The Court held that there is no inconsistency between the decisions in Rex v. Amkeyo and Rex v. Doudi Odongo. The former is authority for the proposition that the evidence of a wife by native custom against her husband is admissible under section 122 of the Indian Evidence Act, and the latter concerns the definition of 'wife' for the purposes of bigamy under the Indian Penal Code, which is not relevant to the admissibility of evidence in criminal proceedings. The Court found that the testimony of the woman married to the appellant under native custom was rightly admitted, and the conviction w…

Source excerpt

• Admissibility Of Evidence
• Spousal Privilege
• Native Customary Marriage
• Testimony Of Spouse