Rex v Odima (Criminal Appeal No. 77 of 1941) [1941] EACA 54 (1 January 1941)

## COURT OF APPEAL FOR EASTERN AI

# Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR HENRY WE and GAMBLE, J. (Uganda)

### REX, Respondent

#### $\overline{v}$ .

### **JULIYO ODIMA, Appellant**

### Criminal Appeal No. 77 of 1941

### Appeal from decision of H. M. High Court of Uganda.

- Criminal Law-Right of appeal-Appeal from order of Uganda High Court increasing sentences imposed by the Lukiko Court-Uganda Criminal Procedure Code (Cap. 41), sections 307 and 320-Buganda Courts Ordinance, 1940 (No. 4 of 1940), section 29 (2). - Held $(14-5-41)$ .-(1) That the repeal of section 307 (3) of the Criminal Procedure Code by section 29 (2) of the Buganda Courts Ordinance, 1940, took away any right of appeal to the Court of Appeal for Eastern Africa which might have existed under the Native Courts in Buganda Proclamation.

(2) That in any case there was never any right of appeal to this Court on the ground of severity of sentence.

#### Appellant in person.

#### McKisack, Crown Counsel, for the Crown.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The appellant has no right of appeal to this Court. Any appeal he may have had under section 5 of the Native Courts in Buganda Proclamation has been taken away by the repeal of section 307 (3) of Cap. 41 by section 29 (2) of Ordinance 4 of 1940. And even prior to the 1st September, 1940, the date on which Ordinance 4 of 1940 came into force, the appellant would not have had a right of appeal to this Court on the ground of severity of sentence (S. 320, Cap. 41).

- The appeal is dismissed.