[1947] EACA 27
The Court held that since the appellant withdrew his appeal against conviction and the lower appellate court confined its order to the appeal against sentence, section 360 of the Kenya Criminal Procedure Code expressly bars any further appeal to the Court of Appeal for Eastern Africa. The appeal was therefore...
Source-derived case information.
- Citation
- [1947] EACA 27
- Parties
- Respondent: REX; Appellant: Chanan Singh s/o Inder Singh
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 89 of 1947
- Procedural Posture
- Criminal Appeal / Appeal From Supreme Court to Court of Appeal
- Outcome
- appeal dismissed
- Judges
- Edwards CJ, Graham Paul CJ, Nihill P
- Legal Topics
- Appeal Rights, Sentence Appeals, Jurisdiction of Appellate Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REX
Respondent
Chanan Singh s/o Inder Singh
Appellant
Procedural Posture
Criminal Appeal / Appeal From Supreme Court to Court of Appeal
Legal Issues
- 1 Whether the Court of Appeal for Eastern Africa has jurisdiction to entertain an appeal against sentence after the lower appellate court confined its order to sentence only.
- 2 Whether section 360 of the Kenya Criminal Procedure Code bars further appeal in such circumstances.
Ratio Decidendi
The Court held that since the appellant withdrew his appeal against conviction and the lower appellate court confined its order to the appeal against sentence, section 360 of the Kenya Criminal Procedure Code expressly bars any further appeal to the Court of Appeal for Eastern Africa. The appeal was therefore misconceived and could not be entertained.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed as misconceived and cannot be entertained.
Full Case Text
Judgment text and source record
11 paragraphs
## COURT OF APPEAL FOR EASTERN AFRICA
Before NIHILL. C. J. (Kenya), SIR G. GRAHAM PAUL. C. J. (Tanganyika) and EDWARDS, C. J. (Uganda) $\mathcal{L}$
> **REX, Respondent (Original Prosecutor)** $\mathbf{v}$
## CHANAN SINGH's/o INDER SINGH, Appellant (Original Accused) Criminal Appeal No. 89 of 1947
(Appeal from decision of H. M. Supreme Court of Kenya)
Criminal Procedure—Appeal to E. A. C. A. on sentence—Section 360 Kenya Criminal Procedure Code.
The appellant was convicted and sentenced in the Resident Magistrate's Court. He appealed to the Supreme Court against conviction and sentence, but later withdrew his appeal in respect of his conviction. The Supreme Court reduced his sentence but he appealed to the Court of Appeal for Eastern Africa against both conviction and sentence.
Held (18-7-47).—That as the lower Appellate Court had confined its order to the appeal against sentence any further appeal to the Court of Appeal for Eastern Africa is barred by the provisions of section 360 Kenya Criminal Procedure Code.
Appellant absent, unrepresented.
Holland, Crown Counsel (Kenya) for the Crown.
JUDGMENT (delivered by NIHILL, C. J.).—This appeal is misconceived and cannot be entertained by this Court. In the lower Appellate Court the appellant withdrew his appeal against his conviction in the Magistrate's Court and confined his appeal to one of appeal against sentence. The lower Appellate Court accordingly confined its order to that ground and against that the appellant's right to appeal to this Court is barred by the provisions of section 360 of the Kenya Criminal Procedure Code.