Rex v Nyawa (Cr. App. 42/1933.) [1933] EACA 18 (1 January 1933)

## COURT OF APPEAL FOR EASTERN AFRICA.

Before ABRAHAMS, C. J. (Uganda), SIR JOSEPH SHERIDAN, C. J. (Tanganyika), and GRAY, Ag. J. (Uganda).

## $REX$ (Respondent)

## NYAWA WA NYAWA (Appellant). Cr. App. $42/1933$ .

Evidence Act, section 112—Admissibility of wife's evidence.

**Held** (24-3-33).—That where there is a doubt as to the status of a<br>native "wife", the Crown should adduce evidence as to the nature<br>of her union with the accused, prior to admitting her evidence.

Turton, Solicitor General, Uganda, for Crown.

Appellant absent, unrepresented.

JUDGMENT.-We consider that the evidence given, even excluding that of the wife to the admissibility of which objection is taken, amply supports the conviction. It does, however, appear to us desirable that some observation should be made concerning the admissibility of the wife's evidence. It appears to have been assumed by the learned Judge that the woman was married polygamously, and therefore was a competent witness for the prosecution. The learned Attorney General concedes that had the woman been married according to the ritual of a Christian marriage, her evidence would not have been admissible without the consent of the accused, and it is not possible to accept with certainty from the record that she was not so married. We think that evidence should have been adduced by the Crown as to the nature of the union. The appeal will be dismissed.