Wakilii

Bhamji v Rex (Criminal Appeal No. 5 of 1928)

East African Court of Appeal · [1928] EACA 9 · 1928 Appeal Dismissed — No Jurisdiction AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second appeal from High Court of Tanganyika dismissing first appeal from Subordinate Court conviction
Decision
Appeal dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court of Appeal has no jurisdiction to hear a second appeal from a High Court judgment dismissing a first appeal from a Subordinate Court conviction. The right of appeal from a conviction under section 3(1) of the Appeals to the Court of Appeal Ordinance 1922 is confined to convictions by the High Court in its original jurisdiction or on appeal from an acquittal. The word 'order' in subsection (2) means something different from a judgment and does not extend the right of appeal to unsuccessful appellants from the High Court.

Outcome

Appeal dismissed for lack of jurisdiction

Facts

The appellant was convicted by a Subordinate Court of an offence under section 354 of the Indian Penal Code. He appealed to the High Court of Tanganyika, which dismissed his appeal. He then sought to appeal to the Court of Appeal for Eastern Africa. The Crown raised a preliminary objection to the Court's jurisdiction to hear the second appeal.

Issues

  1. Whether the Court of Appeal has jurisdiction to hear a second appeal from a High Court judgment dismissing a first appeal from a Subordinate Court conviction.
  2. Whether subsection (2) of section 3 of the Appeals to the Court of Appeal Ordinance 1922 confers a right of appeal from a High Court judgment dismissing a first appeal.

Orders

  • Appeal dismissed on the ground that the Court has no jurisdiction to hear it.
  • Court noted that the appeal should have been filed in Tanganyika pursuant to section 6(1) of the Eastern African Court of Appeal Rules 1925.

Rules and key headnotes

Criminal Law & Procedure — Appeals — Right of Appeal to Court of Appeal — Scope of Section 3
The right of appeal from a conviction under section 3(1) of the Appeals to the Court of Appeal Ordinance 1922, whether with or without leave, is confined to convictions by the High Court in the exercise of its original jurisdiction or on appeal from an acquittal.
Statutory Interpretation — Construction of Statutes — Meaning of 'Order' Distinguished from 'Judgment'
The word 'order' as used in subsection (2) of section 3 of the Appeals to the Court of Appeal Ordinance 1922 means something different from a judgment and does not confer a right of appeal from a High Court judgment dismissing a first appeal.
Statutory Interpretation — Redundancy — Interpretation to Avoid Rendering Provisions Redundant
If subsection (2) of section 3 of the Appeals to the Court of Appeal Ordinance 1922 were interpreted to extend the right of appeal to unsuccessful appellants from the High Court, most of subsection (1) would be rendered redundant, and such an interpretation should be avoided.

Legislation cited (5)

  • Appeals to the Court of Appeal Ordinance 1922 s.3
  • Appeals to the Court of Appeal Ordinance 1922 s.3(1)
  • Appeals to the Court of Appeal Ordinance 1922 s.3(2)
  • Indian Penal Code s.354
  • Eastern African Court of Appeal Rules 1925 s.6(1)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bhamji v Rex (Criminal Appeal No. 5 of 1928) [1928] EACA 9 (1 January 1928)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.