[1949] EACA 23
The Court held that the filing of a joint memorandum of appeal by jointly convicted persons is contrary to the rules of the Court, which require separate memoranda for each appellant. On the merits, the Court found that the trial judge had properly considered all circumstances favourable to the appellants and that...
Source-derived case information.
- Citation
- [1949] EACA 23
- Parties
- Appellant: Benedikito Muluta; Appellant: Samwiri Mwongisa; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeals Nos. 19 and 20 of 1949 Consolidated
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- appeal dismissed
- Judges
- Edwards CJ, Graham Paul CJ, Nihill P
- Legal Topics
- Appeals Procedure, Joint Conviction, Memorandum of Appeal, Manslaughter, Sentencing, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benedikito Muluta
Appellant
Samwiri Mwongisa
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether a joint memorandum of appeal is permissible for jointly convicted appellants.
- 2 Whether the sentence imposed for manslaughter was justified and appropriate.
Ratio Decidendi
The Court held that the filing of a joint memorandum of appeal by jointly convicted persons is contrary to the rules of the Court, which require separate memoranda for each appellant. On the merits, the Court found that the trial judge had properly considered all circumstances favourable to the appellants and that the sentences imposed for manslaughter were justified and moderate. Accordingly, there was no basis to interfere with the sentences, and the appeals were dismissed both on procedural and substantive grounds.
Court Disposition
appeal dismissed
Orders
- The appeals are dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
#### COURT OF APPEAL FOR EASTERN AFRICA
# Before Sir Barclay Nihill, C. J. (Kenya), Sir G. Graham Paul, C. J. (Tanganyika), and EDWARDS, C. J. (Uganda)
## REX, Respondent (Original Prosecutor) v.
## (1) BENEDIKITO MULUTA, (2) SAMWIRI MWONGISA, Appellants (Original Accused)
#### Criminal Appeals Nos. 19 and 20 of 1949 Consolidated
(Appeals from decision of H. M. High Court of Uganda)
Criminal Procedure and Practice—Appeal to Court of Appeal—Two Appellants filing joint memorandum of appeal-Eastern African Court of Appeal Rules, 1925.
Held (1-2-49).—That where persons are jointly convicted and wish to appeal separate memo-<br>randa of appeal must be filed on behalf of each appellant.
Appellants absent, unrepresented.
Nazareth for the Crown.
JUDGMENT (delivered by SIR BARCLAY NIHILL, C. J.).—In these two appeals which we have consolidated the two appellants, who were tried together in the High Court of Uganda, were convicted of manslaughter and sentenced to two years' imprisonment with hard labour. They now appeal against the sentence imposed. The evidence disclosed that the injury which caused the death of the deceased was inflicted by the two appellants in concert during a fight which followed a beer party.
The learned trial Judge considered every circumstance in the case which could be said to be favourable to the appellants, and in our opinion he was fully justified in passing the sentences which he did, and which we regard as most moderate ones. The appellants filed a joint memorandum of appeal and as we have before observed, this is contrary to the rules governing the admission of appeals in this Court. Where persons are jointly convicted and wish to appeal, separate memoranda of appeal must be filed on behalf of each appellant.
The appeals are dismissed.