Uganda Case Law

Shah v Queen

Shah v Queen (Criminal Appeal No. 330 of 1952) [1955] EACA 248 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 330 of 1952

Judge

O'Connor CJ, Rudd J

The simultaneous trial of the appellant in six separate criminal cases, each with its own charge sheet and counts, constituted a fundamental procedural error. English criminal law prohibits trying a person at the same time on two indictments charging different offences, and this principle has been adopted in East African jurisprudence. The consolidation and joint trial of these cases was not permitted, as each case involved distinct offences against different complainants. The trial magistrate's approach rendered the entire proceedings a nullity. The convictions must therefore be quashed, and…

Source excerpt

• Joinder Of Charges
• Trial Nullity
• Criminal Procedure
• Consolidation Of Cases

Mbako v Reginam (Central Registry Criminal Application No. 6 of 1956)

Mbako v Reginam (Central Registry Criminal Application No. 6 of 1956) [1950] EACA 571 (1 January 1950)

Court

East African Court of Appeal

Case number

Central Registry Criminal Application No. 6 of 1956

Judge

Briggs (Acting Vice-President), Edmonds J, Worley, P

The court held that arraignment is not part of the trial, so a different judge could conduct the trial without re-arraigning the accused.

• Arraignment Procedure
• Trial Nullity
• Judge Assignment
• Plea Entry
• Arraignment
• Criminal-procedure

Rex v Paulo

Rex v Paulo (Criminal Appeal No. 47 OF 1939) [1939] EACA 126 (1 January 1939)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 47 OF 1939

Judge

Dalton, C.J(Tanganyika), Francis, J (Uganda), Sheridan, (C.J. Kenya)

The Court of Appeal held that the proceedings were a nullity because additional evidence was recorded after the assessors had expressed their opinions and were discharged. The assessors are an essential part of the court, and their absence during any part of the trial invalidates the proceedings. The court relied on established case law, including Rex v. Obau s/o Amimi and Rex v. Assa Singh, which held that trials conducted without assessors or with assessors absent during any part of the hearing are nullities. The court further stated that whether or not the additional evidence prejudiced th…

Source excerpt

• Trial Nullity
• Absence Of Assessors
• Criminal Procedure Code Section 265
• Competent Jurisdiction
• Retrial Ordered