Wakilii

Rex v Gokaldas and Others (Criminal Appeals Nos. 304, 306 and 307 of 1948 (Consolidated))

East African Court of Appeal · [1948] EACA 73 · 1948 Appeals Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated criminal appeals from Resident Magistrate's orders requiring appellants to execute bonds to keep the peace under section 53 of the Criminal Procedure Code
Decision
Appeals dismissed for want of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

No appeal lies to the Court of Appeal against a Magistrate's order requiring execution of a bond to keep the peace under section 53 of the Criminal Procedure Code. While section 53(2) specifically grants a right of appeal in cases involving bonds for good behaviour, it is silent regarding bonds for keeping the peace. A right of appeal must be conferred by statute, and sections 347 and 348, which deal with appeals from convictions and sentences, do not apply to bond orders.

Outcome

Appeals dismissed for want of jurisdiction

Facts

A complainant informed the Resident Magistrate, Nairobi, under section 42 of the Criminal Procedure Code, that the appellants were likely to commit a breach of the peace. The Magistrate issued summonses requiring them to appear and show cause why they should not furnish security in their own bonds of Sh. 1,000, with one surety, to keep the peace for one year. Each appellant declined to enter into a bond. After hearing evidence on 3 May 1948, the Magistrate ordered each appellant to be bound over to keep the peace until 31 December 1948 under section 53 of the Criminal Procedure Code. The appellants appealed those orders.

Issues

  1. Whether an appeal lies to the Court of Appeal against an order of a Magistrate made under section 53 of the Criminal Procedure Code requiring a person to execute a bond to keep the peace.

Orders

  • Appeals dismissed.

Rules and key headnotes

Criminal Procedure — Appeal Rights — Bond Orders — Section 53 Criminal Procedure Code
No appeal lies against an order to execute a bond to keep the peace under section 53 of the Criminal Procedure Code, as the right of appeal must be conferred by statute and section 53 is silent on appeals for peace bonds, unlike section 53(2) which expressly grants appeal rights for good behaviour bonds.
Statutory Interpretation — Express Statutory Provision — Appeal Rights
A right of appeal must be definitely conferred by statute and will not be implied where the legislature has expressly provided for appeals in analogous circumstances but remained silent in others.
Criminal Procedure — Sections 347 and 348 — Scope — Bond Orders
Sections 347 and 348 of the Criminal Procedure Code, which deal with appeals, are not overriding provisions applicable to bond orders under section 53, as those sections contemplate convictions after trial and sentences following such convictions.

Legislation cited (7)

  • Criminal Procedure Code s.42
  • Criminal Procedure Code s.47
  • Criminal Procedure Code s.53
  • Criminal Procedure Code s.53(2)
  • Criminal Procedure Code s.60
  • Criminal Procedure Code s.347
  • Criminal Procedure Code s.348

Cases cited (1)

  • Bhanji Virji v Akbaralli Jamal Gangji (Criminal Appeal No. 82 of 1934)

Full judgment

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

Rex v Gokaldas and Others (Criminal Appeals Nos. 304, 306 and 307 of 1948 (Consolidated)) [1948] EACA 73 (1 January 1948)
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.