Wakilii

Peter Dhour Iyouk V Uganda (Criminal Appeal No. 20 of 1998)

Court of Appeal · [1998] UGCA 26 · 1998 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second criminal appeal to the Court of Appeal against an order of the High Court condemning goods, following acquittal on appeal.
Decision
Appeal dismissed; order for condemnation of the goods upheld.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed a second appeal against an order condemning goods. Although the trial Magistrate wrongly made a finding on an alternative count after convicting on the main counts, this did not influence the condemnation order, which rested on the conviction and later on the appellant's failure to prove ownership. The court held PW8 was competent to testify to the authenticity of the documents by virtue of practical experience acquired through his official position. Under section 167 of the East African Customs and Management Act the onus of proving ownership lay on the appellant; his documents were forgeries and could not support his claim. Condemnation was the inevitable conclusion, and the appeal was dismissed.

Outcome

Appeal dismissed; order for condemnation of the goods upheld.

Facts

The appellant was charged before the Chief Magistrate with three counts of knowingly using counterfeit documents under section 148(h) of the East African Customs and Management Act in respect of about 800 cartons of Sportsman cigarettes made in Tanzania purportedly consigned to him. An alternative count charged importing prohibited goods. The Chief Magistrate convicted on the three main counts, imposed the maximum fine, ordered forfeiture, and acquitted on the alternative count. On first appeal, the High Court quashed the conviction, acquitted the appellant on the basis he did not know the documents were counterfeit, but upheld the condemnation of the goods. The goods had been seized from the compound of Lt. Col. Kazini, who alerted the Uganda Revenue Authority. When asked to produce genuine documents, the appellant repeatedly failed to do so and instead produced counterfeits, prompting investigation. PW8, a Resident Sales officer of the Tanzania Tobacco Company, testified the documents were forgeries.

Issues

  1. Whether the order of condemnation of the goods was properly made where the appellant had been acquitted on appeal.
  2. Whether the acquittal on the alternative count influenced the order of condemnation.
  3. Whether PW8 was competent to testify as to the authenticity of the documents.
  4. Whether the appellant discharged the onus of proving lawful ownership and importation of the goods.

Orders

  • Appeal dismissed.
  • Order of condemnation of the goods upheld.

Rules and key headnotes

Criminal Procedure — Alternative Counts — Findings After Conviction on Main Count
Where an accused is convicted on one of two alternative counts, no finding should be made on the other alternative count.
Evidence — Expert and Skilled Witnesses — Competence Acquired by Practical Experience
A person who practices a business or profession requiring particular knowledge is competent to give expert evidence on matters within that experience, and such competence may be acquired by practical experience rather than formal qualification.
Customs Law — Burden of Proving Ownership — Condemnation of Goods
Under section 167 of the East African Customs and Management Act the onus of proving lawful ownership and importation of seized goods lies on the claimant, and where that onus is not discharged by genuine documentation the court may condemn the goods under section 160.
Appeals — Onus on First Appeal — Reasonableness of Findings
On a first appeal the onus is on the appellant to show that the findings of the trial court were unreasonable and could not be supported having regard to the evidence on record.

Legislation cited (8)

  • East African Customs and Management Act s.148(h)
  • East African Customs and Management Act s.146(a)
  • East African Customs and Management Act s.160(1)
  • East African Customs and Management Act s.160(2)
  • East African Customs and Management Act s.167
  • East African Customs and Management Act s.180(1)
  • Magistrates Courts Act s.131
  • Decree No.13 of 1997

Cases cited (3)

  • R. v. Seymour 38, Cr. App. R.68
  • Vander Donckt v Theiluson (1849) 8 CB 812
  • Gatheru s/o Njangware v. R. - Cr. App. No.938 of 1954

Full judgment

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

Peter Dhour Iyouk V Uganda (Criminal Appeal No. 20 of 1998) [1998] UGCA 26 (14 December 1998)
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.