Rex v Muluta and Another (Criminal Appeals Nos. 19 and 20 of 1949 Consolidated) [1949] EACA 23 (1 January 1949)

#### COURT OF APPEAL FOR EASTERN AFRICA

# Before Sir Barclay Nihill, C. J. (Kenya), Sir G. Graham Paul, C. J. (Tanganyika), and EDWARDS, C. J. (Uganda)

## REX, Respondent (Original Prosecutor) v.

## (1) BENEDIKITO MULUTA, (2) SAMWIRI MWONGISA, Appellants (Original Accused)

#### Criminal Appeals Nos. 19 and 20 of 1949 Consolidated

(Appeals from decision of H. M. High Court of Uganda)

Criminal Procedure and Practice—Appeal to Court of Appeal—Two Appellants filing joint memorandum of appeal-Eastern African Court of Appeal Rules, 1925.

Held (1-2-49).—That where persons are jointly convicted and wish to appeal separate memo-<br>randa of appeal must be filed on behalf of each appellant.

Appellants absent, unrepresented.

Nazareth for the Crown.

JUDGMENT (delivered by SIR BARCLAY NIHILL, C. J.).—In these two appeals which we have consolidated the two appellants, who were tried together in the High Court of Uganda, were convicted of manslaughter and sentenced to two years' imprisonment with hard labour. They now appeal against the sentence imposed. The evidence disclosed that the injury which caused the death of the deceased was inflicted by the two appellants in concert during a fight which followed a beer party.

The learned trial Judge considered every circumstance in the case which could be said to be favourable to the appellants, and in our opinion he was fully justified in passing the sentences which he did, and which we regard as most moderate ones. The appellants filed a joint memorandum of appeal and as we have before observed, this is contrary to the rules governing the admission of appeals in this Court. Where persons are jointly convicted and wish to appeal, separate memoranda of appeal must be filed on behalf of each appellant.

The appeals are dismissed.