Results.
2,758 judgments found.
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| July 1963 |
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Limitation—Application for review of judgment—Application made 95 days after delivery of judgment-Delay due to failure to appreciate implications of judgment-Whether “sufficient cause" shown for extension of time—Exercise of discretion to extend time—Indian Limitation Act, 1908, s. 5 and First C Schedule, art. 162 and art. 183
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30 July 1963 |
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Criminal law-Possessing an instrument of housebreaking-Whether "pencil" torch, an instrument of housebreaking
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26 July 1963 |
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Contract—Illegality—Lease—Mailo land-Lease by African to non-African— Non-African in possession for years--Statutory consents not obtained— Transaction illegal—Whether parties in pari delicto—Recovery of possession —Possession of Land Law (Cap. 25) (Native Laws of Buganda Revised Edition, 1957), s. 2—Land Transfer Ordinance (Cap. 114), s. 2, s. 3 and s. 4 (1) (U.)
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22 July 1963 |
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Practice-Appeal to Privy Council—Limitation—Application for leave to appeal— Application to be made within twenty-one days from judgment—Application not made within twenty-one days but made within sixty days—Application dismissed by a single judge as being out of time—Legislation amended re- storing former time limit of sixty days—Reference to full court-Whether amending legislation has retrospective operation—Kenya (Procedure in Appeals to Privy Council) Order-in-Council, 1962, s. 3 and s. 5—Eastern African (Appeal to Privy Council) Order-in-Council, 1951, s. 4-Court of Appeal for Eastern Africa (Appeal to Privy Council) Order-in-Council, 1962, s. 1—Kenya (Constitution) (Amendment) Order-in-Council, 1962— Kenya (Procedure in Appeals to Privy Council) (Amendment) Order-in-Council, 1963, s. 2—Eastern African Court of Appeal Rules, 1954, r. 9, r. 19 (6) and r. 88. Statute-Retrospective operation-Amendment of legislation limiting time for an appeal-Procedural provision—Whether amendment has retrospective operation—Kenya (Procedure in Appeals to Privy Council) Order-in-Council. 1962, s. 3—Kenya (Procedure in Appeals to Privy Council) (Amendment) Order-in-Council, 1963, s. 2
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16 July 1963 |
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Trade Mark-Use of own name by trader—Trade mark registered—Use of own name by trader's son—Name not registered—Similarity of trade marks— Bona fide use—Whether use of own name by son constitutes infringement— Meaning of "bona fide”—Trade Marks (United Kingdom) Registration Ordinance (Cap. 151), s. 6 (A.)—Trade Marks Act, 1938, s. 4 and s. 8— Trade Marks Act, 1905, s. 44—Jamaican Trade Marks Law, s. 44
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12 July 1963 |
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Practice-Plaint-Summary procedure-Claim for mesne profits and vacant possession of premises-Whether plaint correctly endorsed for summary procedure-Civil Procedure Rules, O.XXXIII (U.)
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10 July 1963 |
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Constitutional law-Uganda-Independence-Buganda-Constitution of Uganda -Effect on taxing laws of Buganda-Uganda (Independence) Order-in-Council, 1962, s. 4 and s. 26 (U.)—Buganda Graduated Tax Law, 1954– The Constitution of Uganda, s. 74 and s. 95 and item 6 of Part I of Schedule 7 (U.)—Constitution of Buganda, art. 41 (U.)—Buganda Native Laws (Declaratory) Ordinance (Cap. 71) (U.)—Uganda Agreement, 1900 (U.) — Buganda Agreement (Native Laws), 1910 (U.)—Buganda (Declaratory) Agreement (Native Laws), 1937 (U.)—Buganda Agreement, 1955, Order- in-Council, 1955, First and Second Schedules (U.)—Uganda (Constitution) Order-in-Council, 1962, s. 4
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10 July 1963 |
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Shipping-Carriage by sea—Breach of contract—Dead freight—Shipping space booked for cement-Cement to be loaded at Mombasa for port at Mada- gascar-Shipping space subsequently cancelled before ship leaves port of origin-Claim for dead freight—Whether claim maintainable when ship sails fully loaded from Mombasa. Shipping Carriage by sea–Lien—Shipping space booked for cement—Cement to be loaded at Mombasa for Madagascar—Shipping space cancelled before ship leaves port of origin—Claim for dead freight—Offer by same shipper of another cargo at Mombasa—Lien claimed on other cargo when loaded for dead freight arising from earlier booking-Whether lien enforceable. Shipping-Carriage by sea-Usage-Breach of contract-Shipping space booked for cement-Ship not calling at Mombasa—Ship diverted to Mombasa— Shipping space cancelled before ship leaves port of origin—Claim for dead freight-Claim of usage at Mombasa that space booked can be cancelled by reasonable notice
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3 July 1963 |
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Hire purchase-Failure of consideration-Impossibility of performance-Motor vehicle totally destroyed through a collapsing bridge—No wrongful act or omission by the hirer alleged—Duty of the hirer to insure—Vehicle not so insured —Whether parties are relieved of obligations under the agreement by the destruction of the vehicle
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1 July 1963 |
| June 1963 |
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Practice Parties—Joinder—Action for arrears of salary—Salary due from a firm-Action brought against one partner only—Whether other partner should be joined as co-defendant-Civil Procedure Ordinance, s. 97 (K.)—Partnership Ordinance (Cap. 29), s. 11 (K.)—Indian Contract Act, 1872, s. 43--- Partnership Act, 1890 (U.K.)—Kenya Order-in-Council, 1921, art. 4 (2)
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19 June 1963 |
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Probate and administration—Petition for grant of administration—De bonis non— Executor dead-Administration not completed—Petitioner an heir of an heir— Issue of notices of citation to interested persons—Issue as matter of course- Whether practice correct-Caveat lodged by interested person-Whether C caveat should be lodged—Whether claim of superior right can be asserted by lodging caveat—Indian Probate and Administration Act, 1881, s. 19, s. 20, s. 23, s. 46, s. 69 and s. 70
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17 June 1963 |
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Will Survivor-Life interest to wife and daughter—Gift over to four sons “or survivors or survivor of them”—Death of one son before daughter—Death of another son before mother—When gift vests in legatees—Proportion to which each legatėe entitled—Indian Succession Act, 1865, s. 106 and s. 112. Costs-Probate and administration-Construction of will—Appeal by executor- Whether executor liable to pay costs of appeal personally
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5 June 1963 |
| May 1963 |
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Rent restriction—Standard rent—Alternative accommodation found by former landlord-Possession taken by tenant-Payment by former landlord to new landlord-Claim by new landlord for increased rent—Increased rent paid— Payments later reduced by tenant-Claim by tenant that reduced payments are standard rent-Standard rent determined by board-Appeal-Whether payment by previous landlord a premium-Whether premium illegal-What is standard rent on prescribed date—“Premium”—Meaning of “collusive”— Rent Restriction Act, 1962, s. 4, s. 11 and s. 21 (T.)
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23 May 1963 |
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Criminal law-Murder-Causing death while resisting lawful arrest-Whether malice aforethought implied—Misdirection—Definition of “grievous harm”- Penal Code, s. 189 ands. 190 (K.)—Penal Code, s. 4, s. 186 ands. 209 (2) (U.)
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21 May 1963 |
| April 1963 |
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Criminal law-Possession of housebreaking implements by night-Whether a screwdriver an instrument of housebreaking—Burden of proof—Penal Code (Cap. 63), s. 183 (d) and s. 308 (1) (c) (K:)—Larceny Act, 1916, s. 28
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3 April 1963 |
| March 1963 |
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Jurisdiction-Revision—Civil action in district court-Judgment entered ex parte and decree issued—Extension of time given to file application to set aside decree-Decree set aside—Order of district court setting aside decree set aside by High Court in its revisional jurisdiction—Power of High Court to revise interlocutory order of district court—Whether application to set aside decree and order made thereon constitute a "case which has been decided”—Subordinate Courts (Civil Procedure-Summonses and Pleadings) Rules, 1955, r. 7 (b), r. 17 and r. 23 (1) (T.)—Indian Code of Civil Procedure, 1908, s. 115-Subordinate Courts Ordinance (Cap. 3), s. 10 (T.)—Indian Civil Procedure Rules, O. IX, r. 13—Indian Limitation Act, 1908, First Schedule, art. 164. Jurisdiction-Civil action in district court-Judgment entered ex parte and decree issued—Extension of time given to file application to set aside decree— Decree set aside—Whether district court has power to extend time for filing such application-Subordinate Courts (Civil Procedure-Summonses and Pleadings) Rules, 1955, r. 7 (b), r. 17 and r. 23 (1) (T.)—Indian Limitation Act, 1908, First Schedule, art. 164
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21 March 1963 |
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Criminal law-Causing death by rash or negligent act not amounting_to_man- slaughter-Death caused while driving a motor vehicle—Degree of negligence required—Driver disqualified from holding or obtaining a driving permit- Penal Code (Cap. 22), s. 219 A (U.)-Traffic Ordinance, 1951, s. 60 (1) (U.)
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19 March 1963 |
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Practice Appeal to Privy Council from Court of Appeal-Application for leave to appeal to be made to court within twenty-one days from date of judgment to be appealed from—Notice to be given to respondent of intended application -Notice of motion for leave to appeal filed in court within prescribed time and copy served on respondent-No separate notice of intended application given-Whether separate notice of intended application necessary. Costs-Security for costs-Appeal to Privy Council from Court of Appeal— Application for conditional leave to appeal-Appellant having previously appealed to Court of Appeal in forma pauperis-Whether court should order security for costs-Kenya (Procedure in Appeals to Privy Council) Order-in-Council, 1962, s. 4 (a)
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11 March 1963 |
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Drugs-Chemist-Failing to keep poisons book-No allegation of the sale of any poison-Whether charge discloses any offence—Pharmacy and Poisons Ordinance (Cap. 416, Revised Laws), s. 29 (T.)—Pharmacy and Poisons Ordinance (Cap. 94), s. 21 (T.). Criminal law-High Court-Revisional jurisdiction-Accused charged with com- mitting offences under Ordinance not yet in force—Acts alleged also consti- tuting offences under corresponding provisions of existing Ordinance—Pleas of guilty by accused—Convictions by magistrate-Power of High Court on revision to alter charges so as to charge offences under corresponding pro- visions of Ordinance which was in force when offences committed-Pharmacy and Poisons Ordinance (Cap. 416, Revised Laws), s. 19 and s. 29 (T.)— Pharmacy and Poisons Ordinance (Cap. 94), s. 5, s. 21 and s. 36 (T.)— Criminal Appeal Act, 1907, s. 4 (1)—Criminal Procedure Code (Cap. 20), s. 319 (1), s. 329 (1) and s. 346 (T.)—Revised Laws and Annual Revision Ordinance, 1955, s. 15 (T.)
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8 March 1963 |
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Revenue-Export duty-Assessment-Coffee-Export duty payable on arabica coffee if the value exceeds shs. 3,900/- per ton of Arabica coffee exported to Kenya-Value not exceeding shs. 3,900/- per ton when exported-Arabica coffee processed and cleaned in Kenya-Processed coffee sold in Kenya at a price exceeding shs. 3,900/- per ton-Value of arabica coffee for purpose of determining incidence of export duty-Whether coffee should be valued with or without regard to processing—Basis of calculating export duty—Whether export duty payable-Coffee (Export Duty) Ordinance, 1960, s. 2, s. 3, s. 4 (4) (U.)—Bugisu Coffee Ordinance, 1962, s. 15 (2) (U.)—Coffee (Export Duty) (Amendment) Ordinance, 1962 (U.)
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6 March 1963 |
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Criminal law-Theft by a servant-Fraudulent conversion—Trial—Jury— Direction to jury—Jury directed that there was conversion—Question left to jury-Whether conversion fraudulent-Misdirection
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4 March 1963 |
| February 1963 |
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Practice Industrial dispute-Trade union-Natural justice-Remark by president of industrial court against employer at opening of the hearing—Failure by labour officer to give copy of report to employer before hearing-Report forwarded to industrial court—Allegation that award of industrial court in excess of jurisdiction—Industrial Relations (Conciliation and Arbitration) G Ordinance, 1960, s. 10 and s. 14 (A.). Trade union-Industrial dispute-Natural justice—Remarks by president of industrial court against employer at opening of the hearing-Failure by labour officer to give copy of report to employer before hearing-Report forwarded to industrial court—Allegation that award of industrial court in excess of jurisdiction—Industrial Relations (Conciliation and Arbitration) Ordinance, 1960, s. 10 and s. 14 (A.)
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22 February 1963 |
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Constitutional law Busoga District Council Membership of Council Election Council empowered to make provision for its membership by resolution Council's resolution to be approved by Governor before it can become effective-Proviso that nine-tenths of members of Council must be directly elected-Resolution passed by Council providing for sixty-seven elected members, six specially elected members and eleven hereditary Saza Chiefs-Resolution contrary to proviso-Council dissolved-Resolution approved by Governor in part disapproving provisions for Saza chiefs as members of Council-Sixty-seven members elected by direct election- Elected members elected first six defendants as specially elected members— No previous notice of election of specially elected members published as required by resolution—Validity of election of specially elected members- Civil Procedure (Constitutional Cases) Act, 1962, s. 2 (2) (b) (U.)—Local Administration Ordinance, 1962, s. 3 (1) (b) (U.)—Uganda (Constitution) Order-in-Council, 1962, s. 12, s. 13 and Second Schedule, s. 74 and s. 75 (U.)— Interpretation and General Clauses Ordinance (Cap. 1), s. 21 (U.)—Civil Procedure Rules, O. 1, r. 8 (U.). 58 Constitutional law—K yabazinga of Busoga—Election of—Busoga District Council empowered to make provision for mode of appointment of Kyabazinga and his tenure of office-No such resolution passed by District Council-Seventh defendant elected Kyabazinga–Validity of election—Uganda (Constitution) Order-in-Council, 1962, s. 13 and Second Schedule, s. 74 and s. 75 (U.)
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22 February 1963 |
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Statute-Interpretation—Provision of Criminal Procedure Code repealed and re-enacted—Repealed provision the subject of previous judicial interpretation —Whether the provision as re-enacted should receive the same interpretation— Appellate Jurisdiction Ordinance, 1961, s. 8 (4) (T.)—Criminal Procedure Code, s. 325 and s. 337 (T.). Appeal-Criminal law—Practice—Accused acquitted by District Court-Appeal by prosecution by way of case stated to High Court-Appeal allowed by High Court-Appeal by accused to Court of Appeal-Whether appeal com- competent-Appellate Jurisdiction Ordinance, 1961, s. 8 (4) (T.)-Criminal Procedure Code, s. 337 (T.)
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21 February 1963 |
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Contract-Consideration—Agreement between two parties to run a bakery— Each party in turn to run the bakery for periods of six months—Capital equipment and premises provided by one party—Same party unilaterally withdraws from the agreement-Claim for specific performance and compensation by the other party-Whether agreement supported by consideration-Contract Ordinance (Cap. 30), s. 3 (d) (A.)—Specific Relief Ordinance (Cap. 140), s. 21 (1) (A.)
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15 February 1963 |
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Bankruptcy-Scheme of arrangement with creditors—Approval of court- Reasonable security for payment of not less than 5s. in the pound—Proposal that payment under composition scheme be guaranteed by third party— Bankruptcy Ordinance (Cap. 25), s. 18 (10) and s. 29 (3) (T.)
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14 February 1963 |
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Costs-Security for costs—Divorce—Application by respondent wife to take her evidence on commission out of the jurisdiction—Security for costs of and incidental to taking evidence on commission—Indian Code of Civil Procedure, 1908, s. 77-Indian Civil Procedure Rules, O. XXVI, r. 15—Matrimonial Causes Rules, 1956, r. 25 (3), r. 67 (1) and (2) (T.)—Matrimonial Causes Ordinance (Cap. 364), s. 3 (T.)
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7 February 1963 |
| January 1963 |
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Criminal law-Sentence—Causing obstruction or disturbance in the course of judicial proceedings-Sentence greater than maximum prescribed by law-Penal Code (Cap. 24), s. 121 (K.)—Penal Code (Cap. 16), s. 114 (1) (c) and (2) (T.)
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30 January 1963 |
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Criminal law-Intimidation—Trade union—Employee told by employer he would be dismissed if he became a member of a particular union—Whether threat of personal violence necessary to constitute intimidation-Trade Unions Ordinance C (Cap. 381), s. 48 and s. 50 (1) (a) (T.)—Conspiracy and Protection of Property Act, 1875, s. 7—Trade Disputes and Trade Unions Act, 1927, s. 3 (2)— Employment Ordinance (Cap. 366), s. 14 (a) (T.)
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30 January 1963 |
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Income tax-Appeal—Non-compliance with Income Tax (Appeal to the Kenya Supreme Court) Rules 1959–Memorandum of appeal not accompanied by copy of notice of appeal or statement of facts—Application to strike out appeal-Powers of court to strike out appeal—Income Tax (Appeal to the Kenya Supreme Court) Rules, 1959, r. 3, r. 4, r. 5, r. 6, r. 9, r. 11, r. 12 and Hr r. 18 (K.)—East African Income Tax (Management) Act, 1958, s. 11, s. 109, s. 110, s. 113 and s. 117—Civil Procedure (Revised) Rules, 1948, O. XLI, r. 8, O. XLIX, r. 5 (K.)
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28 January 1963 |
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Divorce―Jurisdiction—Petition for divorce under the Colonial and Other Terri- tories (Divorce Jurisdiction) Acts, 1926 to 1950–Whether the Acts apply in Tanganyika after attainment of the status of a republic—Colonial and Other Territories (Divorce Jurisdiction) Acts, 1926 to 1950—Republic of Tanganyika (Consequential, Transitional and Temporary Provisions) Act, 1962, (Constitu- tional Act No. 2), s. 4 and s. 5 (T.)—Republican Constitution, (Constitutional Act No. 1), (T.). Divorce―Jurisdiction—Petition for dissolution of marriage—Nature of residence to found jurisdiction—Indian and Colonial (Divorce Jurisdiction) Act, 1926, s. 1
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23 January 1963 |
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Criminal law-Evidence-Evidence of whereabouts of place of commission of alleged offence—“Proclaimed area”—Failure of prosecution to produce copy of Proclamation or to prove that locus in quo was within the area— Judicial notice of location of towns and villages within jurisdiction—Stock and Produce Theft Ordinance, s. 10 (1) (K.)
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16 January 1963 |
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Mortgage-Equitable mortgage by deposit of title deeds—Memorandum of equitable mortgage signed by mortgagor but not registered—Validity—Land Titles Ordinance (Cap. 159, 1948) (Cap. 282), s. 59 (K.)—Equitable Mortgages Ordinance (Cap. 152, 1948) (Cap. 291), s. 2 (K.)-Equitable Mortgage (Amendment) Ordinance, 1958, (K.)—Land Titles (Amendment) Ordinance, 1959, s. 9 (K.)—Interpretation and General Provisions Ordinance, 1956 (Cap. 2), s. 23 (3) (c) (K.). Money-lender-Loan—Loan secured by equitable mortgage by deposit of title deeds-Memorandum of equitable mortgage signed by mortgagor but not registered—Enforcement of repayment of loan—Whether transaction exempted from Money-lenders Ordinance—Money-lenders Ordinance (Cap. 307, 1948) (Cap. 528), s. 3 (1) (b) (K.). Statute-Retrospective operation—Lending litigation—Land Titles Ordinance (Cap. 159, 1948) (Cap. 282), s. 59 (K.)—Land Titles (Amendment) Ordinance, 1959, s. 9 (K.)
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16 January 1963 |
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Criminal law—Murder—Insanity—Insanity not raised as defence by accused— Issue of insanity raised by prosecution at opening of trial—Whether course adopted by prosecution correct
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12 January 1963 |
| December 1962 |
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Criminal law-Insanity—Burden of proof-Accused found guilty but insane- Reliance on accused's own evidence as to insanity—Misdirection—No power to order new trial-Criminal Procedure Code (Cap. 20), s. 210A, s. 228 and s. 329 (T.)
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31 December 1962 |
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Criminal law-Evidence—Child—Unsworn evidence-Corroboration—Nature of corroboration required—Whether corroboration required must be corroboration implicating the accused—Criminal Procedure Code (Cap. 20), s. 152 (3) (T.) -Children and Young Persons Act, 1933, s. 38 (1)—Oaths and Statutory Declarations Ordinance (Cap. 15), s. 19 (1) (K.)
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21 December 1962 |
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Mohamedan law-Wakf-Income of wakf property to adopted daughters and then successive interests created-Final gift over to charitable purposes- Descendants of adopted children not kindred of maker-Whether wakf saved by Wakf Commissioners Ordinance, 1951, s. 4 (K.)—Civil Procedure Ordinance (Cap. 5), s. 44 (K.)—Indian Transfer of Property Act, 1882
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17 December 1962 |
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Jurisdiction—Appointment of paramount chief—Referendum calling for abolition of chief-Subsequent extinguishment of chief and chiefdom by Governor's order-Claim for compensation—Whether court has jurisdiction to hear suit-African Chiefs Ordinance (Cap. 331), s. 3, s. 4, s. 6 to s. 21, s. 22 and s. 27 (T.)-African Chiefs (Chiefdom) (Amendment) (No. 2) Order, 1960, (Government Notice 135 of 1960), para. 2 (T.)—Local Government Ordinance (Cap. 335), (T)-Native Authority Ordinance, s. 2 (T.)
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14 December 1962 |
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Criminal law-Burden of proof—Alibi—Misdirection—Penal Code, s. 265 and s. 284 (T.)
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14 December 1962 |
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Limitation of action—Appeal—Application for leave to appeal out of time– Period for filing appeal prescribed by Local Government (Rating) Ordinance (Cap. 317)-Whether Indian Limitation Act, 1908, s. 5 can be invoked- Local Government (Rating) Ordinance (Cap. 317), s. 10 and s. 11 (T.)—Indian Limitation Act, 1908, s. 3, s. 5 and s. 29—Indian Code of Civil Procedure, 1908, s. 151. Rates Appeal—Application to admit appeal out of time—Period for filing appeal prescribed by Local Government (Rating) Ordinance (Cap. 317)—Whether Indian Limitation Act, 1908, s. 5 can be invoked-Local Government (Rating) Ordinance (Cap. 317), s. 10 and s. 11 (T.)—Indian Limitation Act, 1908, s. 3, s. 5 and s. 29—Indian Code of Civil Procedure, 1908, s. 151
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4 December 1962 |
| November 1962 |
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Sale of goods-Coffee-Coffee Ordinance—Sale of Coffee to board under the Coffee Ordinance-Grader's certificate certifying weight and grade of coffee in Uganda—Consignment railed to Mombasa—Weight in Mombasa less than that stated in certificate-Loss of weight possibly due to evaporation of water-Deduction in price made for short weight-Deductions made by virtue of rules made under the Ordinance-Claim that rules are ultra vires -Coffee Industry Ordinance, 1953, s. 43 (U.)—Coffee Ordinance, 1959, s. 45 (c), s. 64 (U.)—Sale of Goods Ordinance (Cap. 214), (U.)—Coffee Industry Rules, 1953, r. 23 (U.)—Coffee (Grading and Export) Rules, 1959, r. 6, r. 7 and r. 8 (U.)
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29 November 1962 |
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Insurance Arbitration clause-Claim by insured arising from loss by fire— Refusal by insurance company to admit liability but request to refer quantum to arbitration—Action filed by insured—Whether company's action amounted to a denial of liability—Whether arbitrators award condition precedent to action "Safe and Books” clause warranty—Whether claim supported by sufficient details
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22 November 1962 |
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Criminal law-Plea- Recording of- Use of word "guilty" in recording plea— Necessity for record to show that accused spoke in English
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19 November 1962 |
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Divorce—Maintenance—Lump sum paid by husband to wife—Contemporaneous undertaking by wife not to claim alimony and maintenance-Application by wife for maintenance—Whether mode of expenditure of lump sum relevant
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6 November 1962 |
| October 1962 |
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Building control-Municipalities-Building Building restrictions- Unauthorised use of building—Allowing building to be used otherwise than for purpose for which constructed-Ground floor of building erected as shops and stores and let as such-Stores used as dwelling-houses by tenants-Tenants notified by building C owner to cease using stores as living quarters—Tenants continue using stores as dwelling-houses—Building owner charged for allowing unauthorised user —Misdirection—Nairobi Municipality (Building) By-laws, 1948, By-law 352 (a) (K.)
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26 October 1962 |
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Street traffic-Evidence—Mechanically propelled vehicle—Causing death by dangerous driving—Evidence of mechanical defect in steering mechanism of vehicle-Accused under the influence of drink-Defence that the accident was caused by mechanical defect-Whether onus of proof shifts to the defence-Traffic Ordinance, 1953, s. 43 and s. 44 (K.). Criminal law-Practice-Mechanically propelled vehicle-Whether indictment should contain both charge of causing death by dangerous driving and charge I of driving under the influence of drink
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26 October 1962 |
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Criminal law-Possession of property suspected of having been stolen—Accused detained in connection with housebreaking and stealing—Accused searched by village headman—Accused then taken to local court where again searched -Goods suspected of having been stolen found in possession of a second accused-Both accused then taken to police station where arrested-Both accused convicted of housebreaking, stealing and of being in possession of property suspected of having been stolen-Penal Code, s. 312 (T.)—Criminal Procedure Code (Cap. 20), s. 24 and s. 187 (1) (T.)
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26 October 1962 |
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Criminal law-Practice—Revision—Alleged theft of property in Uganda—Property seized by police from a third party in Kenya—No offence committed in Kenya —Order by magistrate restoring property to lawful owners—Whether magistrate has power to make such an order—Criminal Procedure Code (Cap. 27), s. 121 (3) (K.)—Penal Code (Cap. 24), s. 2 and s. 327 (K.)—Police Ordinance, 1960, s. 20 (1) (K.)—Sale of Goods Ordinance (Cap. 290), s. 25 (K.)
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26 October 1962 |
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Criminal law-Security for maintaining good behaviour—Bond for maintaining good behaviour and in default forfeiture signed by accused-Subsequent complaint against accused of being drunk and abusive in a public place— Complaint found to be true after trial—Order for forfeiture of first bond and H execution of another-Whether power to require execution of second bond -Criminal Procedure Code (Cap. 27), s. 47 and s. 53 (K.)
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15 October 1962 |
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Criminal law, Illegal movement of stock. Particulars of charge alleging movement "from place to place.” Whether omission to give particulars of movement fatal to conviction—Animal Diseases Ordinance (Cap. 213) s. 5, (K.)—Criminal Procedure Code (Cap. 27), s. 381 (K.)
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10 October 1962 |
