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East African Court of Appeal - 1951

115 judgments

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115 judgments


January 1951
Singh v Dhiman (Civil Appeal No. 50 of 1950.) [1951] EACA 75 (1 January 1951) (Appeal from the decision of H.M. Supreme Court of Kenya—Modera, J.) Illegality of contract—When it may be raised—Must be proved conclusively— Defence (Sale and Purchase of Motor Vehicles) Regulations, 1945	1 January 1951
Singh v General Workshop (Civil Appeal No. 36 of 1950) [1951] EACA 4 (1 January 1951) (Appeal from the decision of H.M. Supreme Court of Kenya—De Lestang, J.) Entire contract—Failure to perform stipulation—Whether completion according to contract a condition precedent to right to any payment	1 January 1951
Singh v Premji (Civil Appeal No. 1000 of 1951) [1951] EACA 322 (1 January 1951) Landlord and Tenant—Eviction order by Executive Officer—Rent Control Board— No notice to quit proved by Landlord	1 January 1951
Singh v Rex (Criminal Appeal No. 166 of 1951) [1951] EACA 283 (1 January 1951) (Appeal from the decision of H.M. High Court of Tanganyika—Knight, J.) Unlawful possession of gold—Admissibility of Government Assayer’s Certificate— Disclosure of informer’s identity—section 125, Indian Evidence Act	1 January 1951
Smith v Nakuru Auto Garage (Civil Case No. 37 of 1951) [1951] EACA 343 (1 January 1951) Procedure—Order 29, rule 5, Civil Procedure Rules—Appearance by partners	1 January 1951
Thuo and Another v Rex (Criminal Appeals Nos. 133 and 134 of 1951) [1951] EACA 117 (1 January 1951) Criminal Procedure Regulations—right of Court to recall witness—right of accused . to cross-examine recalled witness	1 January 1951
Tirwakunda v Rex (Criminal Appeal No. 102 of 1951) [1951] EACA 205 (1 January 1951) (Appeal from the decision of H.M. High Court of Uganda—Pearson, J.) Sentence—Corporal punishment accompanying long sentence of imprisonment	1 January 1951
Tootal Broadhurst Lee Company Ltd v Ahamed and Sons Ltd (Consolidated Civil Case Nos. 281 and 350 of 1950 (Mombasa)) [1951] EACA 340 (1 January 1951) Infringement of designs—Public documents—Section 74-77 and section 82 Evidence Act—Patents and Designs Acts, 1907-46—Registered Designs Act, . 1949—Claim for damages or other equitable relief—Whether plaintiffs entitled to an account of profits	1 January 1951
Universal Engineering Works v Essaji (Civil Appeal No. 42 of 1950) [1951] EACA 324 (1 January 1951) Costs—Civil Procedure Ordinance Section 27 (1)—Discretion—Principles to be exercised	1 January 1951
Wakelin v Rex (Criminal Appeal No. 32 of 1951) [1951] EACA 185 (1 January 1951) (Appeal from decision of H.M. Supreme Court of Kenya (Appellate Side)— Modera, J.) Unequivocal plea of guilty—Appeal against conviction—Kenya Criminal Pro- cedure Code, section 352 (2)	1 January 1951
Wakf Commisioner of the Colony and Protectorate of Kenya v Nahdi (Civil Appeal No. 67 of 1950) [1951] EACA 86 (1 January 1951) (Appeal from the decision of H.M. Supreme Court of Kenya—Modera, J.) Wakf—Separate dispositions of land and house standing thereon—Validity. The testatrix a Mahommedan woman directed by her will that a house should go to a Mosque and its income should be spent in the interests of the Mosque and in reciting the Koran for the benefit of her soul and for the souls of her parents in perpetuity	1 January 1951
Wali and Another v Mohamed (Civil Appeals Nos. 58 and 59 of 1950) [1951] EACA 15 (1 January 1951) (Appeal from the decision of H.M. Supreme Court of Aden—Rudd, J.) Aden Rent Restriction Ordinance 1947 S. 10 (1) (d)—Currency of permit for reconstruction of premises	1 January 1951
Wana v Rex (Cri'rhirial Appe'al"No.-217 of ‘1950.) [1951] EACA 148 (1 January 1951) (A^pda’l fr&m ithe'decisibh of-H.M. High Cduft'of Tanganyika—Clarion, T) Tanganyika Penal Code—Witnesses relatives of other accused—Failure to consider motive’if Witnesses to fix 'guilt'oh appellant	1 January 1951
Yaram v Rex (Criminal Appeal No. 258 of 1950) [1951] EACA 147 (1 January 1951) (From the decision of H.M. High Court of Tanganyika—Clifford Knight, J.) Sentence—Conviction three counts—Separate offences consecutive sentences	1 January 1951
Yusuf v Kioko (Civil Case No. 1072 of 1951) [1951] EACA 332 (1 January 1951) Appearance by defendant—No appearance by plaintiff when suit called for hear- ing—Civil Procedure Rules Order 9, Rule 19. Order 3—Section 97 Civil Procedure Ordinance	1 January 1951