[1936] EACA 50

[1936] EACA 50

The court held that the deposition of a deceased witness cannot be admitted in evidence unless there is formal proof of the witness's death as required by section 266(a) of the Criminal Procedure Code. A mere statement by counsel for the prosecution that the witness is dead, or an absence of objection by defending...

Source-derived case information.

Citation
[1936] EACA 50
Parties
Appellant: Musa Nsiyaleta; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1936
Case Number
Cr. App. No. 32/1936.
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal dismissed; conviction for murder upheld
Judges
Abrahamas, C.J. (Tanganyika), Hall, C.J. (Uganda), Sheridan CJ
Legal Topics
Admissibility of Evidence, Depositions, Proof of Death, Criminal Appeal Procedure
Source Language
english
Criminal Law Civil Procedure Admissibility of Evidence Depositions Proof of Death Criminal Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Musa Nsiyaleta

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the deposition of a deceased witness can be admitted without formal proof of death as required by section 266(a) of the Criminal Procedure Code.
  2. 2 Whether consent by defending counsel to the reading of the deposition cures the irregularity of not proving the witness's death.

Ratio Decidendi

The court held that the deposition of a deceased witness cannot be admitted in evidence unless there is formal proof of the witness's death as required by section 266(a) of the Criminal Procedure Code. A mere statement by counsel for the prosecution that the witness is dead, or an absence of objection by defending counsel, does not satisfy the statutory requirement. However, in this case, the court found that the conviction was supported by other credible evidence, including the testimony of an eye-witness and corroborating physical evidence, and therefore the irregularity did not affect the outcome. The appeal was dismissed and the conviction for murder upheld.

Court Disposition

appeal dismissed; conviction for murder upheld

Orders

  • The appeal is dismissed.