[1947] EACA 42
The Court of Appeal for Eastern Africa held that it is insufficient for a trial judge to merely record that a deposition is admitted under section 275 of the Tanganyika Criminal Procedure Code. The judge must explicitly state the grounds upon which the order for admission is made. This requirement ensures...
Source-derived case information.
- Citation
- [1947] EACA 42
- Parties
- Respondent: Rex; Appellant: Cyrillo alias Titi s o Bakilisa
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 153 of 1947
- Procedural Posture
- Criminal Appeal / Appeal
- Outcome
- Observations made; no alteration to conviction or sentence.
- Judges
- Edwards CJ, Graham Paul CJ, Nihill P
- Legal Topics
- Admissibility of Evidence, Depositions, Criminal Procedure, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Cyrillo alias Titi s o Bakilisa
Appellant
Procedural Posture
Criminal Appeal / Appeal
Legal Issues
- 1 Whether the trial judge must state the grounds for admitting a deposition under section 275 of the Tanganyika Criminal Procedure Code.
Ratio Decidendi
The Court of Appeal for Eastern Africa held that it is insufficient for a trial judge to merely record that a deposition is admitted under section 275 of the Tanganyika Criminal Procedure Code. The judge must explicitly state the grounds upon which the order for admission is made. This requirement ensures transparency and allows for proper appellate review of the exercise of judicial discretion in admitting such evidence. The court emphasized that this practice should be followed not only in Tanganyika but also in other territories with corresponding provisions in their criminal procedure codes.
Court Disposition
Observations made; no alteration to conviction or sentence.
Orders
- Judges admitting depositions under section 275 must state the grounds for their order.
Full Case Text
Judgment text and source record
9 paragraphs
## COURT OF APPEAL FOR EASTERN AFRICA
## Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda)
## REX. Respondent, (Original Prosecutor), $\mathbf{r}^{\prime}$
## CYRILLO, alias TITI s o BAKILISA, Appellant (Original Accused) Criminal Appeal No. 153 of 1947
(Appeal from decision of H. M. High Court of Tanganyika)
Observations by the E. A. C. A. upon the admission of a deposition in evidence under section 275 Tanganyika Criminal Procedure Code.
Appellant absent, unrepresented.
Holland, Crown Counsel (Kenya), for the Crown.
JUDGMENT (delivered by NIHILL, C. J.).—There is one other point in thiscase to which we wish to draw attention. In admitting a deposition to be read in evidence under the provisions of section 275 of the Tanganyika Criminal Procedure Code or the corresponding sections in the Codes of the other territories we think the Judge admitting the deposition should state the grounds on which his order is made. It is not sufficient merely to record "Admitted under the provisions of section 275".