[1933] EACA 17

[1933] EACA 17

The Court held that section 18 of the Uganda Criminal Procedure Code provides a right of appeal to the Court of Appeal only in cases where a death sentence has been imposed by a Special District Court. For sentences other than death, the Code is silent and does not provide a right of appeal to the Court of Appeal. Article 2 of the East Africa Court of Appeal Order in Council, 1921, does not independently confer such jurisdiction; it only allows appeals where the law of the territory provides for them. Since the appellant was convicted of manslaughter by a Special District Court and sentenced to a punishment other than death, no right of appeal to the Court of Appeal exists. The objection...

Citation
[1933] EACA 17
Parties
Appellant: JWISI S/O MARWA; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1933
Case Number
Cr. App. 40/1933.
Procedural Posture
Criminal Appeal / Appeal From Special District Court Conviction
Outcome
appeal rejected for want of jurisdiction
Judges
Barth, C.J (Kenya), Law, Ag C.J. (Uganda), Sheridan, C.J. (Tanganyika)
Legal Topics
Jurisdiction of Court of Appeal, Right of Appeal, Special District Courts, Confirmation of Sentences
Source Language
English
Criminal Law Jurisdiction of Court of Appeal Right of Appeal Special District Courts Confirmation of Sentences

Case Brief

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Parties

JWISI S/O MARWA

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Special District Court Conviction

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear appeals from sentences imposed by a Special District Court other than death sentences.
  2. 2 Whether Article 2 of the East Africa Court of Appeal Order in Council, 1921, confers jurisdiction to entertain such appeals.

Ratio Decidendi

The Court held that section 18 of the Uganda Criminal Procedure Code provides a right of appeal to the Court of Appeal only in cases where a death sentence has been imposed by a Special District Court. For sentences other than death, the Code is silent and does not provide a right of appeal to the Court of Appeal. Article 2 of the East Africa Court of Appeal Order in Council, 1921, does not independently confer such jurisdiction; it only allows appeals where the law of the territory provides for them. Since the appellant was convicted of manslaughter by a Special District Court and sentenced to a punishment other than death, no right of appeal to the Court of Appeal exists. The objection...

Court Disposition

appeal rejected for want of jurisdiction

Orders

  • The appeal is rejected.