East African Court of Appeal - 1948

Criminal Law - Murder - Evidence - Uncorroborated retracted confession-
Voluntary extra-judicial statement of Appellant to Magistrate - Improper questions by Magistrate eliciting incriminating replies - Effect on voluntary nature of statement.

Criminal Law - Procedure - Plea of "not guilty" - Accused requesting to make statement before case for prosecution closed - Application of section 209, Criminal Procedure Code.

Criminal Law — Manslaughter — Chain of causation — Criminal Responsibility — Sentence.

Criminal law — Murder — Provocation —Tanganyika Penal Code, sections 201 and 202.

Criminal Procedure and Practice - Second Appeal - Application for leave to appeal out of time - Delay caused by ignorance of law -Appeal from summary dismissal under section 317 (1) Tanganyika Criminal Procedure Code - No matter of law arising - No right of appeal.

Defence Regulations - The Defence (Possession of Industrial Alcohol) Regulations, 1945, regulation 3 - Indian Evidence Act, section 133 - Conviction on uncorroborated evidence of accomplice - Whether justified by exceptional circumstances.

Criminal Law — Unlawfully buying raw gold — (Tanganyika) Gold Trading Ordinance (Cap. 104), section 5 (1) — "Evidence Accomplice— Police Trap — Corroboration—Observations of the Court of Appeal— Sentence.

Criminal Law — Murder—Uncorroborated retracted confession —Truth of confession — Statutory caution by Magistrate, Tanganyika Criminal Procedure Code, section 223 — Right to reserve defence.

Criminal Law — Murder — Extra-judicial confession of accused to wife by nativelaw and custom—Whether privileged under section 122, Indian Evidence Act. Delay of witnesses of extra-judicial confession in raising alarm or volunteering information — Credibility — Duty of trial Judge.

Criminal Law - Receiving stolen property - Penal Code, section 315 (1) - Raincoat found in possession of appellant more than twp years after theft- Name of owner still inside collar of coat - Coat valued at Sh. 400- Defence that appellant purchased coat recently from second.hand dealer for Sh. 40

Criminal law - Liquor Ordinance, 1934 - Unlawful possession of liquor, section 41 (2) - Selling liquor without a licence, section 44 - Inference that sale took place, section 47 (1) - Factors establishing prima facie evidence of sale, section 48 - Onus of proof.

Criminal Law — Murder — Common intent — Criminal Procedure —Evidence — Confessions of accused taken by District Officer —Whether in his capacity as an officer in charge of police investigation of a crime or in his magisterial capacity — Admissibility — Retracted confession — Corroboration: — Statements of accused at Preliminary Inquiry amounting to confessions of guilt.

Criminal law — Extra judicial confession.

Criminal Law - Murder - Evidence - Insanity of accused - Burden of proof.

Criminal Law — Murder— Secret Killing — Defence of Provocation —Credibility — Reasonable possibility of provocation — How Jury should discharge duty of giving accused benefit of the doubt.

Criminal Law - Defence (Control of Distribution and Rationing of Foodstuffs) Regulations, 1944, regulation 22 (1) - Trial - Identification of accused by one witness - Whether sufficient to convict - Possibility of genuine mistake.

Criminal Law — Murder — Refusal of sexual intercourse —Provocation.

Criminal law—Section 13 (2) Increase of Rent and Mortgage Interest (Restrictions) Ordinance, 1940—Whether grant or assignment of a tenancy.

Criminal Procedure (Uganda) — During hearing of Appeal to High Court Judge orders Magistrate to take further evidence—Appeal against order — No appeal to Court of Appeal for Eastern Africa —Uganda Criminal Procedure Code, sections 314, 315 and 320 —Decision of High Court — East African Court of Appeal Rules, 1925, rule 22 — Uganda Civil Procedure Ordinance, section 75.

Criminal Law - Murder - Defence of insanity - Finding of insane delusion as to existing facts but otherwise sane - Uncontrollable impulse - Observation on absence of proper examination by medical officer.

Criminal Law - Practice Recording evidence - Use of the word "they".

Criminal Procedure Code, section 142 - Proof of previous convictions in absence of accused.

Criminal Law - Assault causing actual bodily harm - Penal Code, section 245 - Sentence of fine and imprisonment - No order for compensation - Appeal against sentence Practice.

Criminal Law - Accused charged, with theft, Penal Code, section 269 - Convicted of obtaining goods by false pretences, Penal Code, section 306 - Misrepresentation a necessary element - What amounts to false pretences - Obtaining credit by false pretences, Penal Code, section 309 (1) - Necessary elements to constitute offence - Criminal Procedure - When offence proved is included in offence charged - Sections 179 and 190, Criminal Procedure Code.

Criminal Law - Perjury - Penal Code, Section 104 - Denial of accuracy of statement to police officer - Statement recorded as a joint statement of two persons - Practice - Court calling witness after close of defence - Incurable irregularity - Criminal Procedure Code, sections 150 and 381.

Criminal Law — Murder — Evidence — Statements made by co-accused implicating co-accused — Corroboration — Accessory after, the fact — Practice — Witness’s use of plural — Evidence of wife —Observations of Court.

Criminal Law - Appellant charged with theft contrary to section 269, Penal Code - Convicted of theft contrary to section 274, Penal Code - Incorrect conviction - Criminal Procedure - Accessory after the fact - Whether an accomplice - Whether corroboration of his evidence required - Sentence.

Criminal Procedure and Practice — Trial with Assessors — Assessors and Judge coming to different conclusions — Opinions of Assessors not discussed in the judgment — Not advisable practice.

Criminal Law - Theft of a bicycle - Penal Code, section 269 indentification parade - No evidence by police officer concerning the holding of parade - Sentence

Criminal law - Storing, without the permission in writing of the Price Controller, goods in premises other than the premises in which business is carried on - Defence (Control of Prices) ,Regulations, 1945, regulation 13 (1) - What must be proved before conviction can be had - Practice - Defective charge.

Criminal Law — Diamond Industry Protection Ordinance, 1928, section 3 (1) — Trap set for employee by employer — Observations of Court of Appeal — Sentence

Criminal Law — Murder — Criminal Procedure — Evidence —Tanganyika Criminal Procedure Code, section 242 — Failure to give three days’ notice of trial — Irregularity that may be cured under section 346 — Person originally committed for trial with appellant called as additional witness for prosecution — Section 273 — Failure to serve notice of intention to call him on Defence — Not a case where evidence of witness only came to light on the day he was called — Evidence not of purely formal nature — Whether irregularity curable under section 346 — Appellant not legally represented at trial — Discrepancy between evidence of a witness and deposition — Deposition considered by Court of Appeal in the interests of justice — Extra-judicial statements of coaccused exculpating themselves and implicating co-accused — Rejected by committing Magistrate under section 30 Indian Evidence Act—Misdirection — Improper use of word “confession”.

Criminal Law — Uganda Penal Code sections 208 (1), 220 (1) and 226 (1) — Distinction between “attempting unlawfully to cause death” and “attempt to murder”— Reasonable doubt — Provocation —Sentence.

Criminal Law - Conviction for erecting a building without approval of District Commissioner - Townships General Rules, Cap. 82, Laws of Kenya, rule 39 - Order to demolish by Third Class Magistrate - Competency of order - Subsequent conviction for disobedience of lawful order - Penal Code, section 126 - Legality.

Criminal law — Murder — Provocation — Reasonable doubt — Manslaughter — Whether evidence of witness as to native law and custom admissible at trial by Judge sitting with assessors — Uganda Evidence Ordinance, Laws of Uganda, Cap. 68, sect. 46 —Assessors required by Judge to answer specific questions after summing-up—Proper direction by Judge — Uganda Criminal Procedure Code, sect. 277— Functions of assessors in criminal trial vaguely defined—Test the Court will apply.

 Criminal Law -Murder - Defence of intoxication - Uganda Penal Code, Section 14-Manslaughter - Sentence.

Criminal Law — Murder — Provocation by knowledge of wife’s adultery — Witness’s delay in giving information to the police — Conflicting evidence — Credibility — Appeal on finding of fact — Principles which should govern a Court of Appeal when considering questions of fact.

Criminal law - Wounding with intent, section 226 (1), Penal Code - Abduction in order to murder, section 252, Penal Code - Abduction in order to subject to grievous harm, section 254, Penal Code - Evidence - Identification in Court - Identification parade.

Vendor and purchaser—Agreement—Specific performance—Purchaser failing to tender conveyance for execution—Indian Transfer of Property Act, 1882, Section 55 (1) (d)—Waiver of formality by vendor.

Damages—Contract to repair motor bus—Failure to repair or undue delay in effecting repairs—Negligence—Loss of profits—Appeal against quantum— Principles on which Appellate Court acts—Quantum reduced—Costs.

Practice—Garnishee Proceedings—Kenya Civil Procedure Rules, Order XX— Attachment of debts—Whether, Garnishees had. right of retention or? deduction—Reference to Supreme Court to ascertain amount, Order XX Rule 4—Costs.