East African Court of Appeal - 1945

68 judgments
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Results. 68 judgments found.

68 judgments
May 1945
Reported
  • Criminal Law — Murder — Common intent — Effect of drunkenness
1 May 1945
January 1945
Reported
  • Practice — Costs of proceedings before Rent Control Board — Recoverable by successful party in subsequent legal proceeding — The Kenya Increase of Rent and of Mortgage Interest (Restrictions) Ordinance, 1940, section 4 — Kenya Civil Procedure Ordinance, section 27 — Kenya Advocates’ Remuneration and Taxation of Costs Rules. Rule 11a
1 January 1945
Reported
  • Criminal Procedure — Appeal to Privy Council — Power of Court of Appeal to grant leave to appeal — Criminal matter
1 January 1945
  • Bankruptcy—Receiving Order—Courts (Emergency Powers) Ordinance, 1944- Enforcement of judgment—Tort—Stay of proceedings
1 January 1945
  • Legal practitioner—En rol men t—Period of residence—Rules of Court (Legal Practitioners)
1 January 1945
Reported
  • Negligence — Motor-car collision — Negligence of servant — Contributory negligence — Onus of proving employment of servant
1 January 1945
Reported
  • Criminal law — Murder — The female accused disassociating herself before fatal injuries inflicted — Observations on irregulatities in the recording of statements from accused persons by police officer
1 January 1945
  • Criminal law—Native Liquor (Amendment) Ordinance, 1941, S. 4—Possession of native spirituous liquor—Nature of onus on accused to prove absence of knowledge
1 January 1945
Reported
  • Criminal law — Unlawful possession of stores in Regimental charge — Regulation 15 (2), The Defence (His Majesty’s Forces) Regulations 1941 (Tanganyika) — Appeal from decision of High Court of Tanganyika affirming conviction on appeal from a subordinate court — Second appeal not competent on questions of fact
1 January 1945
  • Criminal law—Practice--Previous statement made by a witness to the police- Right of defendant to have statement for cross-examination of witness- Indian Evidence Act, section 145—Admission of statement as evidence- Correct procedure
1 January 1945
Reported
  • Criminal Law — Charge of Murder — Plea — Conviction for manslaughter
1 January 1945
Reported
  • Criminal Law — Murder — Provocation — Manslaughter
1 January 1945
Reported
  • Criminal Law — Practice — Additional evidence on appeal — Power of East African Court of Appeal to call for additional evidence — East African Court of Appeal Order in Council, 1921, Article 3 — Uganda Criminal Procedure Code, Section 317
1 January 1945
Reported
  • Criminal Law — Practice — Uganda Criminal Procedure Code, Section 26 — Witness not called at Preliminary Inquiry called at trial — Omission to give statutory notice — No failure of justice — Uganda Criminal Procedure Code, Section 340
1 January 1945
  • Defence Regulations—The Defence (Control of Prices) Regulations, 1943. Regulations 11 (1), 22, 25 (4)—Cost of Transport—Indian Evidence Act, — sections 105, 106—Absence of mans rca no defence—Responsibility, of body corporate and officers
1 January 1945
Reported
  • Criminal Law — Unlawful possession of diamond — The Diamond Industry Protection Ordinance, Section 3 (1) (Tanganyika Cap. 103) — Burden of proof — Severity of sentence — Bail money
1 January 1945
  • Administration of justice—District commissioner investigated case and directed prosecution—Power to adjudicate thereon—Charge of corrupt practices- Penal Code S. 383—Absence of consent of Attorney General or Solicitor General—Nullity of trial
1 January 1945
Reported
  • Criminal Law — Murder — Fatal injuries inflicted by each of several persons
1 January 1945
  • Defence Regulations—Price Control—Meaning of "officer of the body corporate" —The Defence (Control of Prices) Regulations, 1942, S. 25 (4). A company was charged with offences under the Defence (Control of
1 January 1945
Reported
  • Criminal Law — Murder — Provocation — Malice aforethought — Section 189, Penal Code — Record of summing up to Jury — Section 169 (4) and Section 170 (2), Criminal Procedure Code
1 January 1945
Reported
  • Criminal Law — Murder — Uncorroborated retradted confession — Truth of confession
1 January 1945
Reported
  • Criminal Law — Theft — Evidence — Witness denying alleged previous statements — Admissibility of previous statements — Indian Evidence Act, Sections 155, 157
1 January 1945
Reported
  • Criminal Law — Neglecting to make an entry concerning sale of goods — Uganda Price of Goods Regulations, 1942, Reg. 6 (6) — Meaning of “sale”
1 January 1945
  • Criminal Law—Manslaughter—Section 197 Penal Code—Criminal negligence- Collision between motor vehicle and train, at level crossing
1 January 1945
Reported
  • Criminal law — Murder — Provocation — Belief in witchcraft as possible element of provocation
1 January 1945
Reported
  • Criminal Law — Murder — Provocation — Killing of another by mistake — Manslaughter — Uganda Penal Code, Sections 11, 198, 199
1 January 1945
  • Criminal law—Penalty—Possession of unlicensed firearms—Arms and Ammunition Ordinance, 1925, S. 29—Amending Ordinance increasing penalty —Iilcrease after date of offence but prior to conviction—Sentence illegal
1 January 1945
  • Criminal law—Failure to maintain drains in proper state of repair—Nairobi Municipality (Drainage) By-laws, 1929, By-laws 10, lI—Absence of nuisance —Responsibility of owner of premises
1 January 1945
Reported
  • Criminal Law — Murder — Provocation
1 January 1945
Reported
  • Criminal Law — Murder — Provocation — Manslaughter
1 January 1945
  • Criminal law—Manslaughter--Common design—Penal Code section 23—Question reserved for decision of two judges—Criminal Procedure Code section 323
1 January 1945
  • Criminal law—Practice—Joinder of charges arising out of same facts—Sentence
1 January 1945
  • Criminal law—Case stated—Dangerous Drugs Ordinance, 1932, S. 8—Mens rcaBurden
1 January 1945
  • Criminal Law—Attempt wrongfully to interfere with or influence a witness in a judicial proceeding—S. 116 (1) (1) Penal Code—Existence of judicial pro- ceedings a necessary ingredient of the offence
1 January 1945
  • Criminal law—Practice—Summary trial of minor offences—Kenya Criminal Procedure Code Section 197—Appeal—Procedure—Sentence
1 January 1945
Reported
  • Criminal Law — Perjury — Section 99 (1) Uganda Penal Code — Proof of false statement — Uganda Evidence Ordinance, Section 78 — Materiality of statement
1 January 1945
  • Criminal law—Malicious injury to property—Kenya Penal Code Section 332/1 "Wilfully"
1 January 1945
Reported
  • Criminal Law — Murder — Provocation — Uganda Penal Code, S’s. 198, 199 — Manslaughter
1 January 1945
Reported
  • Criminal Law — Murder — Illegal arrest — Fatal assault on person effecting arrest — Provocation — Manslaughter — Uganda Native Authority Ordinance, S’s. 5 (3) and 6
1 January 1945
  • Criminal Law—Murder—Defence of alibi—Identification of accused—Reasonabe doubt
1 January 1945
  • Criminal law—Malicious damage to property—Kenya Penal Code, S. 332 (1)- Admission of inadmissible evidence—No failure of justice—Criminal Procedure Code, S. 381—Claim of right—Sentence. The facts appear fully from the judgment
1 January 1945
Reported
  • Criminal Law — Manslaughter — Killing a thief in the act of stealing — Provocation
1 January 1945
  • Criminal law—Security for good behaviour from habitual offender—S. 45 ci seq Criminal Procedure Code—Practice—InOrreet order—'Absence of finding. By section 45 Criminal Procedure Code it is provided : -
1 January 1945
  • Criminal law—Practice—Trial of Europeans—Incorrect procedure—Criminal Procedure Code S. 218 ci seq
1 January 1945
Reported
  • Criminal Law — Robbery with Violence — Accomplice evidence — Corroboration — Scope of admissibility of statements and/or confessions made by one or more accused jointly tried
1 January 1945
  • Criminal law—Having in possession of conveying property reasonably suspected of having been stolen—Section 316 Peilal Code—UnIaWf1l possessidh of military property—Regulation 1 5 (2) Defenc (H,M. Forces) Regulations- Burden of proof—Possession—Explanation of accused
1 January 1945
Reported
  • Criminal law — Possession of soap not conforming to Defence (Manufacture and Sale of Soap (No. 2)
  • Order Tanganyika) — Defence (Control of Prices) Regulations, 1943
  • Regulations 4 (1) (2) and 25 (1) — Construction of Regulation 4 (1) (2)
1 January 1945
  • Criminal law—Police supervision—Criminal Procedure Code, section 345— "second or any subsequent conviction"—Proper order to be made. The facts appear sufficiently from the Order in Confirmation
1 January 1945
  • Criminal law—Unlawful possession of stock—Stock and Produce Theft (Levy of Fines) Ordinance, 1933, s. 10 (1)—Burden of proof
1 January 1945
  • Criminal Law—Contempt of Court—Court of record—Scandalizing a Judge and Courts of Justice—Publication of criticism of Judge and Administration of Justice—Intention
1 January 1945