[1937] EACA 182
The Court held that the trial was invalid because two separate informations—one for murder and one for conspiracy to murder the same person—were tried together. This contravenes established precedent (Rex v. Kristofa Male) and the procedural requirements of the Tanganyika Criminal Procedure Code. As a result, the...
Source-derived case information.
- Citation
- [1937] EACA 182
- Parties
- Appellant: Singile s/o Mpina; Appellant: Ngoni s/o Dandi; Appellant: Gilandi s/o Gambawishi; Appellant: Gussa s/o Dandi; Appellant: Shushu s/o Maguha; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Cr. A.s 122, 123, 124, 125 and 126/1934 (Consolidated).
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- convictions quashed; retrial ordered
- Judges
- Abrahams CJ, Ag P (Uganda), Law, C.J (Zanzibar), McDougall, Ag. C.J. (Tanganyika)
- Legal Topics
- Procedure for Multiple Informations, Murder, Conspiracy to Murder
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Singile s/o Mpina
Appellant
Ngoni s/o Dandi
Appellant
Gilandi s/o Gambawishi
Appellant
Gussa s/o Dandi
Appellant
Shushu s/o Maguha
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial of two separate informations (murder and conspiracy to murder) together is valid under the law.
- 2 Whether the convictions based on such a trial should be quashed.
Ratio Decidendi
The Court held that the trial was invalid because two separate informations—one for murder and one for conspiracy to murder the same person—were tried together. This contravenes established precedent (Rex v. Kristofa Male) and the procedural requirements of the Tanganyika Criminal Procedure Code. As a result, the convictions arising from such a trial cannot stand and must be quashed. However, due to the nature of the evidence presented, the Court ordered that the appellants be retried in accordance with proper procedure.
Court Disposition
convictions quashed; retrial ordered
Orders
- The convictions of all appellants are quashed.
- The appellants are to be retried.
Full Case Text
Judgment text and source record
16 paragraphs
## COURT OF APPEAL FOR EASTERN AFRICA.
Before ABRAHAMS, C. J., Ag. P. (Uganda), LAW, C. J. (Zanzibar), and McDougall, Ag. C. J. (Tanganyika).
## (1) SINGILE s/o MPINA, (2) NGONI s/o DANDI, (3) GILANDI s/o GAMBAWISHI, (4) GUSSA s/o DANDI, and (5) SHUSHU s/o MAGUHA
(Appellants) (Original Accused)
## $\boldsymbol{v}$ .
## REX (Respondent) (Original Prosecutor).
Cr. A.s 122, 123, 124, 125 and $126/1934$ (Consolidated).
Information for murder and information for conspiracy to murder the same person tried together.
Held.—The trial of two separate informations is invalid. Case of Rex v. Kristofa Malc, E. A. Court of Appeal, Criminal Appeal Case of 69/1934 followed.\*
Appellants absent served.
Branigan, Crown Counsel, for Crown.
Branigan.—In view of previous decision of the Court $(R. v.$ *Kristofa Male*) difficulty found in arguing that trial not a nullity but section 132 (d) Tanganyika Criminal Procedure Code refers.
President.—But see section 235 $(3)$ idem.
JUDGMENT.—This trial is invalid. An information for murder was tried together with an information for conspiracy to murder the same person. This Court held in Rex v. Kristofa Male, Criminal Appeal No. 69 of 1934, that the trial of two separate informations was invalid.
We quash the convictions, but in view of the nature of the evidence, we order the appellants to be tried.
\*Note.—Reported at page 51 of this Volume.