Results.
2,758 judgments found.
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| July 1959 |
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Street traffic-Vehicle used whilst steering, tyres, brakes, and mechanical condition defective-Vehicle owned by firm of which accused sole proprietrix— Whether accused ignorant of state of vehicle can be properly convicted of “causing" vehicle to be used whilst defective—Traffic Ordinance (Cap. 168), s. 36, s. 63 (T.)—The Traffic Rules, r. 29, r. 45, r. 65 (T.)—Indian Evidence Act 1872, s. 105, s. 106—Indian Acts (Application) Ordinance (Cap. 2) s. 8-Road Traffic Act, 1930, s. 67, s. 72
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28 July 1959 |
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Street traffic-Driving permit suspended-Conviction for carrying passengers in commercial vehicle—Whether conviction is offence "in connection with the driving of motor vehicle”—Traffic Ordinance, s. 60, s. 77 (U.)—Motor Car Act, 1903, s. 4
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27 July 1959 |
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Easement-Right of way—Alleged breach of covenant for quiet enjoyment- Crown grant-Common lessor-No evidence that Crown caused or permitted alleged breach-Whether lessee has any cause of action against Crown- Crown Lands Ordinance (Cap. 155) s. 76 (b) (K.). Easement-Light-Alleged breach of covenant for quiet enjoyment-Crown grant-Common lessor-No evidence that Crown caused or permitted alleged breach-Whether lessee has any cause of action against Crown— Crown Lands Ordinance (Cap. 155) s. 76 (b) (K.)
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25 July 1959 |
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Practice-Mortgage—Sale of mortgaged premises under Order of court—Motion to set aside sale dismissed-Whether appeal without leave competent- Whether Order recording dismissal of motion should confirm sale—Indian Civil Procedure Rules, O. XXI, r. 89, r. 90, r. 91 and r. 92—Civil Procedure (Revised) Rules, 1948, O. XXI, r. 75, r. 78, r. 79, r. 80, r. 81 and O. XLII, r. 1 and r. 2 (K.)—Eastern African Court of Appeal Rules, 1954, r. 9 and r. 23
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24 July 1959 |
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Criminal law Evidence Extra-judicial statement Statement recorded by magistrate without caution while accused in police custody—Application of Judges' Rules to magistrates when taking statements—Indian Evidence Act, 1872, s. 24 and s. 29
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23 July 1959 |
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Criminal law-Unlawful possession of diamonds-Meaning of "possession"— Distinction between physical custody and legal possession-Burden of proof —Diamond Industry Protection Ordinance (Cap. 129), s. 3 (1), s. 7 (1) and C s. 17 (T.)—Penal Code, s. 5 (T.)
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23 July 1959 |
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Criminal law-Practice-Adjournment—Application for adjournment to engage counsel—Accused warned that no further adjournment would be given— Further adjournment sought—No certainty that advocate would be engaged if adjournment allowed—Adjournment refused—Whether refusal unreasonable -Indian Penal Code, s. 467, s. 477A and s. 409-Poor Persons Defence Ordinance (Cap. 26), s. 3 (Som.)
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21 July 1959 |
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Pleading Action for price of goods sold and delivered-No averment that price agreed or price reasonable—Whether plaint discloses any cause of action— Sale of Goods Ordinance s. 10 (T.)—Indian Code of Civil Procedure, 1908, First Schedule, O. 6, r. 3, 0. 7, r. 1, r. 11 (a)
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21 July 1959 |
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Criminal law-Murder-Defence of property-Deceased killed when driving off cattle belonging to appellant-Whether killing in defence of property justified -Penal Code, s. 18 (K.). Criminal law-Murder—Provocation—Deceased killed when driving off cattle belonging to appellant—Whether sufficient provocation to reduce charge of murder to manslaughter
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17 July 1959 |
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Bailment Storage of goods-Exemption clause-Goods stored in bailees' premises-Bailor's representative given unrestricted access to goods stored — Loss of goods not explained by bailees—Indian Contract Act, 1872, s. 151 and s. 152
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16 July 1959 |
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Evidence-Admissibility—Contract in writing for excavation work—Alteration made in written contract when further work agreed to be undertaken—Oral evidence admitted as to circumstances in which alteration made—Indian Evidence Act, 1872, s. 91 and s. 92
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16 July 1959 |
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Company-Winding-up—Application for leave to commence action after winding-up order made-Debenture holder's application for leave to enforce security -Validity of debenture disputed in other proceedings pending-Whether leave should be granted-Companies Ordinance (Cap. 288), s. 176, s. 184 (K.)—Banks Title to Land (Amendment of Laws) Ordinance, 1958, s. 1 (K.)-Civil Procedure Code, s. 6 (K.)—Civil Procedure (Revised) Rules, 1948, O. XL. r. 1 (K.)
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16 July 1959 |
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Highway-Nuisance-Repairs-Re-alignment and road level raised four feet— Obstruction of and interference with right of access to land adjoining— Business loss incurred by roadside store and petrol station during roadworks -No statutory powers of repair-Liability of government for loss— Assessment of damages—Crown Lands Ordinance (Cap. 117), s. 28, s. 29 (U.)—Crown Lands (Declaration) Ordinance (Cap. 118) (U.)—Roads Ordinance (Cap. 165), s. 2, s. 4, s. 6 (U.)—Traffic Ordinance, 1951, s. 111 (U.)-Uganda Agreement, 1900, art. 15-Uganda Order-in-Council, 1902, s. 15 (2)—Highway Act, 1835—Public Health Act, 1875
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16 July 1959 |
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Fraudulent transfer of business—Business transferred without publication of notice in the Official Gazette—No agreement as to taking over existing liabilities- Transferees held liable in separate action—Action by transferees against F transferor for reimbursement—Fraudulent Transfer of Businesses Ordinance (Cap. 286) s. 3 (K.)—Partnership Ordinance (Cap. 284) s. 11 (K.)—Indian Contract Act, 1872, s. 69 and s. 70
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14 July 1959 |
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Criminal law-Legal aid-Counsel assigned to represent appellant-Application by counsel for leave to withdraw as no ground found for prosecuting appeal -Withdrawal granted—Whether appellant deprived of legal aid or prejudiced —Legal Aid (Criminal Proceedings) Ordinance 1957 (Sey.)—Eastern African Court of Appeal Rules, 1954, r. 39 (1)
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13 July 1959 |
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(Appeal from H.M. High Court of Uganda—McKisack, C.J.) Money-lender-Memorandum of loan that promissory notes “discounted”- Whether promissory notes given by way of security for loan-Whether memorandum defective-Meaning of “discounting”—Money-lenders Ordinance 1951, s. 7, s. 22 (U.)
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11 July 1959 |
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Landlord and tenant-Trespass-Occupier a trespasser when premises first occupied-Demand by owner for immediate payment of rent—Occupier counter-offering to pay rent later-Whether tenancy created by demand for rent
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8 July 1959 |
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Customs-Importing restricted goods without a licence-Onus of proof placed on accused by statute—Quantum of proof required to discharge such onus— Control of Imports Order, 1941, s. 2 (K.)—East African Customs Management Act, 1952, s. 147 (a) (ii) and s. 167 (b)—Indian Evidence Act, 1872, s. 105-Evidence Act (Amendment) Ordinance (Cap. 12), s. 3 (K.)
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7 July 1959 |
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Criminal law-Company-Director—Failure to hold general meeting to produce accounts and to comply with statute—Evidence given of default-Whether evidence necessary proving that director knew of default-Companies Ordinance, s. 111, s. 113, s. 124, s. 347 (U.)
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7 July 1959 |
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Criminal law-Murder-Conviction of being accessory after the fact-Principal in crime known—Principal's conviction of murder quashed-Whether accessory's conviction sustainable—Penal Code, s. 199 (U.)—Criminal Procedure Code, s. 181A (U.)—English Accessories & Abettors Act, 1861, s. 3—Eastern African Court of Appeal Rules 1954, r. 41
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3 July 1959 |
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Criminal law-Practice-Plea—Plea of guilty to charge of murder—Whether plea equivocal-Steps trial judge should take before recording a plea of guilty to murder
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1 July 1959 |
| June 1959 |
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Practice-Parties—Misjoinder of plaintiffs—Whether misjoinder of causes of action—Right to relief arising out of the same act or transaction or series of acts or transactions—Civil Procedure Rules, O. 1, r. 1 (U.)
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30 June 1959 |
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Criminal law—“Watching_or_besetting”—What constitutes “watching”—Penal Code, s. 76 A (1) (U.). Criminal law-Charge-Amendment of charge by trial magistrate after close of prosecution and defence cases—Whether injustice caused to accused- Criminal Procedure Code, s. 213 (U.)
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29 June 1959 |
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Practice-Service outside jurisdiction—Action for the balance of money for goods sold and delivered—Payment of account to be made within jurisdiction- Plaint defective in essential respect-Affidavit supporting application for service outside jurisdiction defective—Setting aside decree—Civil Procedure (Revised) Rules, 1948, O. V, r. 21 (e) and O. VII, r. 1 (1) (ƒ) (K.)
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27 June 1959 |
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Company-Receiver-Remuneration-No remuneration agreed—Management and sale of plantation—Whether remuneration assessable on basis of quantum meruit-Whether there is any established practice for professional accountants to charge a specific percentage of price realised for assets sold
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26 June 1959 |
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Pleading Particulars—Action for labour charges and materials supplied-No averment that charges and prices agreed or reasonable—Whether the plaint discloses cause of action—Civil Procedure Rules O. 7, r. 11 (a) (U.)
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25 June 1959 |
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Certiorari—Application for licence-Transport Licensing Board-Board con- sulting own records—Unsuccessful applicant unable to contest records— Whether proceedings in breach of rules of natural justice-Traffic Ordinance, 1951 (as amended by Traffic (Amendment) Ordinance, 1955 (No. 45 of 1955)), s. 85 (2), s. 85 A and s. 85 B. (U.)
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24 June 1959 |
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Practice-Leave to defend—Affidavit of defendant showing triable issues- Whether defences raised “tenuous”—Offer by appellant to pay sum claimed by instalments—Whether leave to defend unconditionally should be given
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19 June 1959 |
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Crown-Proceedings against-Appeal from decision of Minister-Whether Attorney-General should be joined as respondent-Wheat Industry Ordinance, 1952, s. 7, s. 8, s. 9, s. 10, s. 11, s. 12, s. 13 (K.)—Wheat Board (Procedure) Rules, 1954, (K.)—Wheat Industry (Licences and Permits) Rules, 1953 (K.)—Crown Proceedings Ordinance, 1956, s. 2, s. 12, s. 19 (K.)—Civil Procedure Ordinance (Cap. 5), (K.)—Civil Procedure (Revised) Rules, 1948, O. LI (K.)—Supreme Court of Judicature (Consolidation) Act, 1925—Rules of the Supreme Court, O. IA., r. 1 (b)
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19 June 1959 |
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Mohamedan Law—Succession—Deceased leaving widow and no other heir— Whether Wakf Commissioners entitled to residue of estate after payment to widow of her share-Wakf Commissioners Ordinance, 1951, s. 18 (K.)— Public Trustee Ordinance (Cap. 37), s. 9, s. 11 (3) (K.)—Mohamedan Marriage, Divorce and Succession Ordinance (Cap. 148), s. 4 (K.)
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19 June 1959 |
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Probate Application to dispense with surety required for applicant's administration bond. Whether the court has the power to grant such an application—Indian Succession Act, 1865, s. 256—Indian Probate and Administration Act, 1881
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17 June 1959 |
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Rates Rateable hereditament-Land divided into residential plots forming part of subdivisional scheme—Plots unsold or leased—Objection to municipal valuer valuing each plot as separate entity-Principles on which such land to be valued-Local Government (Rating) Ordinance, 1928 (Cap. 137), s. 6 (K.)—Local Government (Valuation and Rating) Ordinance, 1956, (K.)
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16 June 1959 |
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Practice-Court of Appeal-Extension of time to lodge appeal-Whether "sufficient cause” shown—Whether an incompetent appeal is “dismissed” or “struck out”—Eastern African Court of Appeal Rules, 1954, r. 9, r. 19 (6), r. 56, r. 58 and r. 62 (4) (e)—Eastern African Court of Appeal Order-in-Council 1950, s. 14 (b)
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11 June 1959 |
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Foreign judgment—Registration in High Court of Tanganyika-Judgment of South African Court-Setting aside registration-Meaning of "notice" in s. 6 (1) (a) (iii) of Foreign Judgments (Reciprocal Enforcement) Ordinance (T..)—English Foreign Judgments (Reciprocal Enforcement) Act, 1933, s. 4 (1) (a) (iii)-Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 8), s. 4 and s. 6 (1) (a) (iii) (T.)
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11 June 1959 |
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Certiorari-Practice—Application for extension of time after expiry of period of limitation-English Rules of the Supreme Court, O. 59, r. 4 (2)—Tanganyika Order-in-Council, 1920, s. 17 (2) (T.)—English Crown Office Rules, 1906, r. 21, r. 30—Indian Code of Civil Procedure, 1908, s. 151–Indian Acts. (Application) Ordinance (Cap. 2), s. 2 (T.)
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11 June 1959 |
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Practice-Appeal-Whether respondent must give notice of appeal when supporting decision appealed from on grounds different from those relied on by trial judge-Eastern African Court of Appeal Rules, 1954, r. 65 (1). Pleading Amendment—Plaint amended without leave before service—Whether leave required-Civil Procedure (Revised) Rules, 1948, O. VI, r. 19 (K.). Fraud-Pleading-Facts which, if proved, amount to fraud pleaded-Whether Fraudulent intent must be specifically alleged. Evidence—Admissibility—Letters written to and by party showing his state of mind—Whether admissible under the Indian Evidence Act, 1872, s. 157. Fraud-Order of court obtained by half-truth—Whether half-truth can amount to fraud
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10 June 1959 |
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Firearms-Loan of firearm to friend-Whether loan is a “transfer" within the Arms and Ammunition Ordinance (Cap. 223), s. 14 (T.)
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9 June 1959 |
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Street traffic-Windscreen and mudguard missing on vehicle—Whether vehicle in good mechanical repair—Traffic Ordinance and Rules (Cap. 168), r. 45 (T.)
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8 June 1959 |
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Hire-purchase—Fitness of article hired—Action by hirer for return of deposit— Whether recoverable-Indian Contract Act, 1872, s. 150-Sale of Goods Ordinance (Cap. 290), s. 2, s. 3, s. 16 and s. 26 (K.)—Factors Act, 1889, s. 9—Sale of Goods Act, 1893, s. 1, s. 14, s. 25 and s. 62—Hire-Purchase Act, 1938, s. 8
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6 June 1959 |
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Criminal law-Larceny—Stealing by finding—Plea of “I found it and sold it”- Plea recorded as plea of guilty-Failure to explain nature of the charge— Penal Code, s. 263 (4) (K.)—English Larceny Act, 1916, s. 1 (2) (d)
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4 June 1959 |
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Criminal law—Murder—Misdirection—Intoxication—Burden of proof
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2 June 1959 |
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Fraud-Company-Misrepresentation in circular letter-Subscriptions for shares obtained by misrepresentation—Action for deceit-Finding that defendant honestly believed statements made-Finding reversed on appeal-Whether appellate court justified in interfering with finding of trial judge on question of credibility. Appeal Judge without jury-Finding as to the credibility and honesty of the defendant —Circumstances in which the appellate court may interfere
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1 June 1959 |
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Enemy—Administration of estates—Deceased not an enemy but residuary legatee and persons entitled to portions of estate enemies—Orders vesting property in Custodian-Whether orders void since deceased not an enemy-Trading with the Enemy Ordinance, 1939, s. 2, s. 4 and s. 9 (K.)—Indian Succession Act, 1865, s. 212—Trading with the Enemy Act, 1939, s. 7
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1 June 1959 |
| May 1959 |
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Habeas Corpus—Application by mother-Daughter over eighteen becoming Muslim and marrying Muslim according to religious rites—No allegation of restraint-Whether ground exists for issue of writ. Conflict of laws-Girl domiciled in Scotland marries Muslim in Kenya according to religious rites after becoming Muslim-Lack of parental consent to marriage-Whether marriage valid—Mohammedan Marriage, Divorce and Succession Ordinance (Cap. 148) (K.)—East Africa Order in Council, 1911, art. 2-Colonial Marriages Act. 1865, s. 1
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29 May 1959 |
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Constitutional law-Protectorate-Agreement between Crown and African ruler-Act of State—Jurisdiction of court to consider whether legislation is ultra vires Act of State-The Ankole Agreement, 1901 (U.)—Uganda Order-in-Council, 1902, s. 2, s. 7, s. 13, s. 14, s. 15 (U.)—Foreign Jurisdiction Act, 1890 -District Administration (District Councils) Ordinance, 1955, as amended, s. 25 A, s. 69 (U.)—Crown Lands Ordinance (Cap. 117), s. 2, s. 24, s. 35 (a) (U.)—Crown Lands (Declaration) Ordinance (Cap. 118), s. 2 (U.)—Suits By G or Against the Government Ordinance (Cap. 7), s. 2 (U.)—Ankole Constitutional Regulations, 1955 (U.)—Crown Lands (Adjudication) Rules, 1958, r. 3, r. 14 and r. 17 (U.)—Buganda Native Laws (Declaratory) Ordinance (Cap. 71), s. 3 (U.)—The Buganda Agreement, 1955, First Schedule, Second Schedule (U.) -Buganda Agreement, 1955, Order in Council, 1955, s. 2 (2) (U.)—Evidence Ordinance (Cap. 9), s. 43, s. 46 (U.)—Civil Procedure Rules, O. 16, H 2 (U.)
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28 May 1959 |
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Administration of estates—Partition—Application by Administrator-General for directions either to vest or partition property among heirs-Whether court has power to order partition except on beneficiary's application- Administrator-General's Decree (Cap. 12), s. 17 (Z.)—Succession Decree C (Cap. 13), s. 7, s. 179 and s. 264 (Z.)—Indian Probate and Administration Act, 1881-Rules of Court, 1922 to 1934, r. 33 (Z.)
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27 May 1959 |
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Practice-Execution against sureties—Adjustment of decree-Indian Code of Civil Procedure, 1908, s. 47, s. 145 and O. 21, r. 2. Evidence Guarantee-Letter of guarantee to have been signed originally by four-Signed by three with oral assurance that three signatures were sufficient security. Whether oral evidence admissible to establish the assurance—Indian Acts (Application) Ordinance (Cap. 2 Supp. 56), s. 4 (T.)— Tanganyika Order-in-Council, 1920, art. 17 (2) (T.)—Indian Contract Act 1872, s. 10, s. 144—Statute of Frauds 1677, (29 Car. 2, c. 3), s. 4— Indian Evidence Act, 1872, s. 92—Indian Limitation Act, 1908, First Schedule, art. 174
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26 May 1959 |
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Rates-Exemption-Land owned privately used exclusively by vehicles and members of the public-Whether land entitled to exemption from rates— Local Government (Rating) Ordinance, (Cap. 317), s. 3 (9) (T.)
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20 May 1959 |
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Sale of goods-Sale by description-Goods not in accordance with description— Goods rejected by buyer-Whether the buyer is entitled to reject the goods. Insurance-Marine insurance-Insurance by buyer of goods-Goods insured rejected by buyer—Goods damaged while lying at wharf-Endorsement of policy to seller by buyer after goods rejected and after loss sustained- Whether buyer has any interest in policy after rejecting goods—English Marine Insurance Act, 1906, s. 5 (1), s. 6 (1) and (2), s. 7 (1) and (2) and s. 51
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19 May 1959 |
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Sale of goods-Manufacturer's agent forwarding indent on own stationery to principal for acceptance-Goods found unsatisfactory-Whether agent as agent for a foreign principal liable to purchaser-Indian Contract Act, 1872, s. 230 (1)
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14 May 1959 |
