Wakilii

Chavde and Another v City Council of Nairobi (Criminal Appeal No. 81 of 1954)

East African Court of Appeal · [1954] EACA 174 · 1954 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from magistrate's conviction and sentence
Decision
Appeal allowed to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that section 348(2) of the Criminal Procedure Code bars appeals only where a fine not exceeding Sh. 100 is imposed alone. Where a fine of Sh. 100 is accompanied by an order for costs, the costs constitute a penalty forming part of the sentence. The restriction on appeal does not apply and the right of appeal under section 347(1) is not barred.

Outcome

Appeal allowed to proceed

Facts

The magistrate convicted the appellants and sentenced each to pay a fine of Sh. 100 with an ancillary order for costs of Sh. 8, or in default one month's imprisonment. The appellants appealed. The respondent raised a preliminary objection that the appeal was incompetent because section 348(2) of the Criminal Procedure Code does not allow an appeal where any fine imposed does not exceed Sh. 100 only.

Issues

  1. Whether an appeal lies under section 348(2) of the Criminal Procedure Code where the magistrate imposed a fine of Sh. 100 together with an order for costs of Sh. 8.
  2. Whether an order for costs constitutes a penalty forming part of the sentence for purposes of determining the right of appeal.

Orders

  • Preliminary objection dismissed.
  • Right of appeal confirmed.

Rules and key headnotes

Criminal Procedure — Right of Appeal — Restriction on Appeals — Fine Not Exceeding Sh. 100
Section 348(2) of the Criminal Procedure Code restricts the right of appeal only where a fine not exceeding Sh. 100 is imposed alone. The restriction does not apply where the fine is accompanied by an ancillary order for costs.
Criminal Procedure Code — Interpretation of 'Fine Not Exceeding Sh. 100 Only'
The phrase 'a fine not exceeding Sh. 100 only' in section 348(2) of the Criminal Procedure Code means a fine of that amount standing alone, without any additional penalty or order forming part of the sentence.
Costs — Order for Costs as Penalty Forming Part of Sentence
An order for costs made under the Criminal Procedure Code constitutes a penalty forming part of the sentence for purposes of determining the right of appeal under section 348(2).

Legislation cited (3)

  • Criminal Procedure Code s.348(2)
  • Criminal Procedure Code s.172
  • Criminal Procedure Code s.347(1)

Cases cited (1)

  • Hirji Megliji and Company v R (Supreme Court Criminal Appeal No. 17 of 1953)

Full judgment

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

Chavde and Another v City Council of Nairobi (Criminal Appeal No. 81 of 1954) [1954] EACA 174 (1 January 1954)
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.