Uganda Case Law

Registered Trustees of Kampala Institute v Departed Asians Property Board

Registered Trustees of Kampala Institute v Departed Asians Property Board [1994] UGSC 18 (1 August 1994)

Court

Supreme Court of Uganda

The Supreme Court held that Uganda’s Expropriated Properties Act applied to property taken over by the Military Regime even if the takeover was unlawful, and allowed the appeal.

• Expropriated Properties Act Interpretation
• Repossession Of Expropriated Property
• Statutory Construction
• Remedial Legislation
• Lease Expiry And Continuation
• Expropriated-properties-act

Gill v Regina

Gill v Regina (Criminal Appeal No. 42 of 1956) [1956] EACA 8 (1 January 1956)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 42 of 1956

Judge

O'Connor CJ, Rudd J

The court held that the term 'trade' in section 137(1)(r) of the Bankruptcy Ordinance must be construed strictly and is not synonymous with 'business.' The appellant's activities as a transporter did not amount to 'trading' within the meaning of the provision, and thus the conviction on the first count was quashed. Regarding the second count, the court found that the admissions made by the appellant during bankruptcy examinations were properly admitted and sufficient to support the conviction for failing to keep proper books of account. The court affirmed that the burden of proving entitlemen…

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• Bankruptcy Offences
• Statutory Construction
• Admissibility Of Evidence
• Sentencing Guidelines

Daya and Others

Daya and Others (Criminal Appeal No. 18 of 1953; Criminal Appeal No. 19 of 1953; Criminal Appeal No. 20 of 1953) [1953] EACA 27 (1 January 1953)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 18 of 1953 ; Criminal Appeal No. 19 of 1953 ; Criminal Appeal No. 20 of 1953

Judge

Hearne CJ, Mayers J, Rudd J

The court held that subsequent purchasers of a new building were not liable under the by-law for a permit missing before their purchase, and quashed the convictions.

• Municipal By Laws
• Building Regulations
• Liability Of Owner
• Permit Of Occupation
• Statutory Construction
• Municipal-by-laws

Rex v Nurmohamed Jessa and Others

Rex v Nurmohamed Jessa and Others (Criminal Appeals Nos. 261, 262 and 263 of 1945) [1945] EACA 38 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 261, 262 and 263 of 1945

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court held that a control-of-prices regulation did not criminalize a manufacturer’s own possession of substandard soap before sale. Convictions were quashed and fines refunded.

• Possession Of Nonconforming Goods
• Statutory Construction
• Manufacturer Vs Trader Liability
• Regulatory Offences
• Statutory-construction
• Criminal-appeals

Rex v Popat Kassam and Sons, Limited

Rex v Popat Kassam and Sons, Limited (Criminal Appeal No. 61 of 1043) [1943] EACA 30 (1 January 1943)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 61 of 1043

Judge

Gray CJ, Sheridan CJ, Whitley CJ

The Court of Appeal for Eastern Africa quashed a conviction under Tanganyika’s Price of Goods Ordinance because the prosecution failed to prove the basic price of comparable goods.

• Price Regulation Offences
• Statutory Construction
• Burden Of Proof
• Evidence Of Basic Price
• Criminal-law
• Statutory-construction

Rex v Orori (Confirmation Case No. 408 of 1939)

Rex v Orori (Confirmation Case No. 408 of 1939) [1938] EACA 161 (1 January 1938)

Court

East African Court of Appeal

Case number

Confirmation Case No. 408 of 1939

Judge

Sheridan CJ, Thacker J

The court quashed a conviction under Penal Code section 296, holding the offence did not extend to possession of suspected stolen property in a building.

• Interpretation Of Penal Code
• Possession Of Suspected Stolen Property
• Statutory Construction
• Scope Of Criminal Offence
• Criminal-law
• Statutory-interpretation

Rex v Mithibuto

Rex v Mithibuto (Criminal Confirmation Case No. 779/1934.) [1934] EACA 12 (1 January 1934)

Court

East African Court of Appeal

Case number

Criminal Confirmation Case No. 779/1934.

Judge

Gamble. Ag. J. (Kenya), Webb, J

The court held that section 296 of the Penal Code, being a drastic provision that shifts the burden of proof to the accused and does not require proof that the property was actually stolen, must be strictly construed. The section applies only where possession is ejusdem generis with conveying, meaning the accused must be found carrying or transporting the object, not merely having it in any place or circumstance. In this case, there was no evidence that the accused was conveying the revolver or that his possession was of the required kind. The magistrate convicted the accused without hearing…

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• Possession Of Suspected Stolen Property
• Burden Of Proof
• Statutory Construction
• Misdemeanour Offences