[1941] EACA 54
The Court held that the appellant had no right of appeal to the Court of Appeal for Eastern Africa because section 307 (3) of the Criminal Procedure Code, which might have provided such a right, was repealed by section 29 (2) of the Buganda Courts Ordinance, 1940. Furthermore, even before the repeal, there was no...
Source-derived case information.
- Citation
- [1941] EACA 54
- Parties
- Appellant: Juliyo Odima; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 77 of 1941
- Procedural Posture
- Criminal Appeal / Appeal From High Court
- Outcome
- appeal dismissed
- Judges
- Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Webb CJ
- Legal Topics
- Right of Appeal, Severity of Sentence, Jurisdiction of Court, Statutory Repeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliyo Odima
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court
Legal Issues
- 1 Whether the appellant has a right of appeal to the Court of Appeal for Eastern Africa after the repeal of section 307 (3) of the Criminal Procedure Code.
- 2 Whether there is a right of appeal to this Court on the ground of severity of sentence.
Ratio Decidendi
The Court held that the appellant had no right of appeal to the Court of Appeal for Eastern Africa because section 307 (3) of the Criminal Procedure Code, which might have provided such a right, was repealed by section 29 (2) of the Buganda Courts Ordinance, 1940. Furthermore, even before the repeal, there was no right of appeal to this Court on the ground of severity of sentence, as explicitly stated in section 320 of Cap. 41. The legislative changes removed any jurisdiction the Court might have had to entertain the appeal, and the appellant's arguments based on previous statutory provisions were rendered moot by the repeal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
## COURT OF APPEAL FOR EASTERN AI
# Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR HENRY WE and GAMBLE, J. (Uganda)
### REX, Respondent
#### $\overline{v}$ .
### **JULIYO ODIMA, Appellant**
### Criminal Appeal No. 77 of 1941
### Appeal from decision of H. M. High Court of Uganda.
- Criminal Law-Right of appeal-Appeal from order of Uganda High Court increasing sentences imposed by the Lukiko Court-Uganda Criminal Procedure Code (Cap. 41), sections 307 and 320-Buganda Courts Ordinance, 1940 (No. 4 of 1940), section 29 (2). - Held $(14-5-41)$ .-(1) That the repeal of section 307 (3) of the Criminal Procedure Code by section 29 (2) of the Buganda Courts Ordinance, 1940, took away any right of appeal to the Court of Appeal for Eastern Africa which might have existed under the Native Courts in Buganda Proclamation.
(2) That in any case there was never any right of appeal to this Court on the ground of severity of sentence.
#### Appellant in person.
#### McKisack, Crown Counsel, for the Crown.
JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The appellant has no right of appeal to this Court. Any appeal he may have had under section 5 of the Native Courts in Buganda Proclamation has been taken away by the repeal of section 307 (3) of Cap. 41 by section 29 (2) of Ordinance 4 of 1940. And even prior to the 1st September, 1940, the date on which Ordinance 4 of 1940 came into force, the appellant would not have had a right of appeal to this Court on the ground of severity of sentence (S. 320, Cap. 41).
- The appeal is dismissed.