Wakilii

Ross v Queen (Privy Council Appeal No. 12 of 1956)

East African Court of Appeal · [1950] EACA 616 · 1950 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Eastern African Court of Appeal order for retrial following quashed conviction
Decision
Appellant to be retried in due course

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Privy Council held that the Eastern African Court of Appeal had jurisdiction to order a retrial in criminal cases. Section 16 of the Eastern African Court of Appeal Order in Council 1950 vested the Court with the same powers as the court from which the appeal was brought, including the power under section 354 of Kenya's Criminal Procedure Code to order a retrial. Additionally, Rule 41 of the 1954 Rules, which expressly conferred power to order a retrial, was a valid rule regulating practice and procedure and therefore intra vires. The appellant failed to demonstrate that the discretion was exercised on wrong principles. Appeal dismissed.

Outcome

Appellant to be retried in due course

Facts

The appellant was convicted in the Supreme Court of Kenya on 14 July 1955 of offences against the Income Tax and Excess Profits Tax Ordinances. He appealed to the Court of Appeal of Eastern Africa, which on 17 November 1955 quashed his conviction but ordered him to be retried. The appellant was granted special leave to appeal to the Privy Council, challenging the Court of Appeal's jurisdiction to order a retrial and, alternatively, arguing that the discretion was improperly exercised. The jurisdictional point was not raised until the matter reached the Privy Council, though the power to order retrials had been exercised without challenge for over 50 years.

Issues

  1. Whether the Court of Appeal of Eastern Africa has jurisdiction to order a retrial in a criminal case.
  2. Whether, if such jurisdiction exists, it was improperly exercised in this case.

Orders

  • Appeal dismissed.

Rules and key headnotes

Appellate Jurisdiction — Power to Order Retrial — Statutory Interpretation
An appellate court possesses the power to order a retrial in a criminal case where the enabling statute vests in it the same power, authority and jurisdiction as the court from which the appeal is brought, and the lower court has statutory power to order a retrial.
Rule-Making Powers — Practice and Procedure — Scope of Delegated Authority
A rule conferring power on an appellate court to order a retrial in criminal cases is a rule regulating practice and procedure within the meaning of a statutory provision empowering the court to make rules for regulating practice and procedure in appeals, and is therefore intra vires.
Legislative History — Interpretation of Statutory Language
The meaning of words in a statute is to be ascertained by reference to their legislative history and the consistent policy of the legislative authority over time, particularly where the same or similar language has appeared in successive enactments over a period of decades.
Appellate Discretion — Retrial Orders — Grounds for Interference
An order for a retrial made by an appellate court in the exercise of its discretionary jurisdiction will not be set aside on further appeal unless it is shown that the discretion was exercised on wrong principles.

Legislation cited (14)

  • Eastern African Court of Appeal Order in Council 1950 s.3
  • Eastern African Court of Appeal Order in Council 1950 s.4
  • Eastern African Court of Appeal Order in Council 1950 s.16
  • Eastern African Court of Appeal Order in Council 1950 s.18
  • Eastern African Court of Appeal Rules 1954 Part III r.24
  • Eastern African Court of Appeal Rules 1954 r.25
  • Eastern African Court of Appeal Rules 1954 r.41
  • Eastern African Court of Appeal Rules 1954 r.76
  • Criminal Procedure Code of Kenya s.354
  • Criminal Procedure Code of Kenya s.378
  • Eastern African Protectorates (Court of Appeal) Order in Council 1902
  • Eastern African Protectorates (Court of Appeal) Order in Council 1909 s.9
  • Eastern African Court of Appeal Rules 1925 r.28
  • Eastern African Court of Appeal Rules 1925 r.29

Cases cited (3)

  • Poyser v Minors (1880-1) 7 Q.B.D. 329
  • Newman v Klausner [1922] 1 K.B. 228
  • Colonial Sugar Refining Co v Irving [1905] A.C. 369

Full judgment

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

Ross v Queen (Privy Council Appeal No. 12 of 1956) [1950] EACA 616 (1 January 1950)
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.