Results.
2,758 judgments found.
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| September 1962 |
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Practice-Transfer of suit-Application to transfer suit from district court to High Court-Combined amount of claim and counterclaim exceeding pecuniary jurisdiction of district court—Whether suit should be transferred to High Court-Indian Civil Procedure Rules, O. VIII, r. 6 (1)—Civil Procedure Rules, O. 8, r. 8 (U.)
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21 September 1962 |
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Practice-Application for particulars-Claim for damages for negligence- Defendant denying negligence and pleading inevitable accident-Whether particulars of inevitable accident should be ordered—Civil Procedure (Revised) Rules, 1948, O. VI, r. 3 (K.)
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17 September 1962 |
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Bona vacantia-Intestacy—Deceased without widow or kindred—Deceased a British protected person-Neither Crown nor Zanzibar government entitled under law of succession—Administrator-General's Decree (Cap. 23), s. 25 (Z.) -Succession Decree (Cap. 21), s. 26 and s. 50 (Z.)—Zanzibar Order-in-Council, 1924, art. 24 (Z.)
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17 September 1962 |
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Limitation of action—Administration of estates-Action for accounts and repayment of losses-Waste-Action filed over three years after order for filing accounts-What period of limitation applies-Time from which limitation runs-Succession Decree (Cap. 13), s. 272 (1), s. 321 and s. 322 (Z.)— Limitation Decree (Cap. 11), Schedule, art. 29, art. 116 and art. 119 (Z.)— Civil Procedure Rules, O. XXI, r. 13 (Z.)—Indian Limitation Act, 1908, Schedule, art. 120 and art. 123
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8 September 1962 |
| August 1962 |
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Rent restriction—Proceedings instituted in High Court-Claim for vacant possession in area for which Rent Restriction Board was established—Proceedings to be brought in court only if leave is granted by Rent Restriction Board. No such leave granted—Whether High Court has jurisdiction—Rent Restriction Act, 1962, s. 2, s. 7, s. 19, and s. 33 (T.)—Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (e) (T.). Jurisdiction—Suit instituted in High Court prior to commencement of Rent Restriction Act—Rent Restriction Act depriving High Court of jurisdiction in cases coming within the Act—Whether jurisdiction of High Court preserved in relation to existing suits—Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (e) (T.). Statute-Interpretation-Retrospective operation-Existing rights-Effect on pending proceedings in High Court—Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (e) (T.)—Rent Restriction Act, 1962, s. 33 (T)
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31 August 1962 |
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Jurisdiction—Action—Claim by principal against agent for money due under a contract-Contract originally intended to be completed in Kenya—Completion in Kenya becoming impossible through act of principal—Subsequent agreement H that completion should be in Uganda—Whether court has jurisdiction to entertain suit—Civil Procedure Ordinance, s. 15, Explanation (3) (U.)
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17 August 1962 |
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Divorce-Custody and access—Custody of children to mother-Husband to have reasonable access-Subsequent application by husband for access—Application that children be allowed to visit husband during school holidays- C Whether order can be made-Meaning of "access”—Matrimonial Causes Rules, r. 54 (T.)
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3 August 1962 |
| July 1962 |
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Criminal law-Charge-Duplicity—Wrongfully attempting to interfere with or influence witnesses in judicial proceedings-Whether charge duplex-Test of duplicity a failure of justice or prejudice to the accused-Penal Code (Cap. 24), s. 121 (1)·(ƒ) (K.)-Criminal Procedure Code (Cap. 27), s. 137 (b) (i) (K.)
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31 July 1962 |
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Agent-Contract-Ratification-Negotiations for lease by agent-Stipulation that ratification of principal required-Possession of premises given before duration of lease agreed—Draft lease for three years submitted to lessees— Counter proposal for different period by lessees-Subsequent ratification by principal of three years' term- Ratification not communicated to lessors— Whether contract concluded. Practice Appeal—New point taken on appeal—Inconsistent with case at trial— Surprise-Discretion of appellate court to allow point to be argued-Evidence on point taken inconclusive—Whether appellate court should allow new point to be taken
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30 July 1962 |
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Appeal Practice — Application for extension of time for lodging appeal Affidavit in support-No statement in affidavit showing merits of appeal— Due diligence in other respects shown by applicant-Whether application competent-Eastern African Court of Appeal Rules, 1954, r. 9 (1), r. 19 (6) and r. 58
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28 July 1962 |
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Criminal law-Trial-Witness called by court-Right of court to call witnesses after defence case closed-Limitation upon exercise of right—Witnesses called to establish a certain fact—Another recalled to clear up doubts on evidence—Whether course adopted by court irregular-Penal Code (Cap. 16), s. 265 and s. 271 (T.)—Criminal Procedure Code (Cap. 20), s. 151 and s. 346 (T.)—Criminal Procedure Code (Amendment) Ordinance, 1960 (T.)
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27 July 1962 |
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Criminal law-Murder—Common intention-Two assailants—Each strikes the deceased a blow—Blows struck one after the other-Insufficient evidence to establish which blow caused death—Whether finding of common intention justified Whether the second assailant aider and abettor of the first-Penal Code, s. 22 and s. 228 (U.)—Criminal Procedure Code, s. 180 (U.)—Eastern African Court of Appeal Rules, 1954, r. 41—Appellate Jurisdiction Act, 1962, s. 4 (3) (U.)
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23 July 1962 |
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Criminal law-Sentence-Conviction of unlawful possession of stock in pro- claimed district-Recovery of fine-Statutory authority for recovery of fine imposed for theft by distress on accused's family and sub-tribe-Distress to issue if fine not paid by accused-Conviction of unlawful possession of stock in proclaimed district—Whether order lawful for levy of distress on accused's family and sub-tribe if fine not paid—Stock and Produce Theft Ordinance (Cap. 206), s. 3, s. 4 and s. 10 (1) (K.)
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23 July 1962 |
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Criminal law-Theft by conversion—Accused a bankrupt-Official Receiver trustee of accused's property—Income of property collected and outgoings paid by accused-Balance deposited in safe of third party-No concealment of collection of rent or payment of outgoings—Balance of income over expenditure handed over with complete account-Whether fraudulent intention established
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23 July 1962 |
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Street traffic-Dangerous driving-Accused approaching pedestrian crossing at speed on outside lane—Another vehicle on inside lane stopped at crossing— Pedestrian crossing from left-Pedestrian knocked down by vehicle on outside lane-View of crossing on left obscured by other stationary vehicle- Whether negligence constitutes dangerous driving-Traffic Ordinance, 1953, s. 44 (a) (K.). Criminal law-Sentence-Dangerous driving—Accused sentenced to imprisonment without option of fine—Imprisonment ordered so that the accused could not buy her way out of the consequences of her act-Whether proper consideration in assessing sentence
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23 July 1962 |
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Audience—Revision—African court-Consideration by High Court of proceedings in African court-Whether Director of Public Prosecutions has right of audience in revisionary proceedings—African Courts Ordinance, 1957 (U.)— Constitution of Uganda, s. 68 (U.)—Uganda (Constitution) Order-in-Council, 1962 (U.)—Foreign Jurisdiction Act, 1890
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16 July 1962 |
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Fatal accident-Damages-Assessment-Contributory negligence claim by widow for death of husband-Husband's contributory negligence—Whether damages reduced by contributory negligence—Apportionment between widow and children
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13 July 1962 |
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Rent restriction—Statutory tenancy-Standard rent-Permitted increases of rent-Whether increase can be claimed without prior demand or notice— Rent Restriction Ordinance (Cap. 115), s. 3 and s. 11 (U.)
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10 July 1962 |
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Street traffic-Defective vehicle—Brakes, steering and mechanical condition defective-Vehicle used on road-Owner charged with permitting vehicle to be driven whilst defective—Mens rea-Whether knowledge that vehicle defective must be proved-Meaning of word "permit”—Traffic Ordinance (Cap. 168), s. 43 (a) and (d), s. 70 (T.)—Traffic Rules, r. 49 and r. 69 (T.)— Motor Vehicles (Construction and Use) Regulations, 1951, reg. 101– Traffic Ordinance, 1953, s. 103 (5) (K.)-Transport Licensing Ordinance (Cap. 237), s. 24 (K.)
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9 July 1962 |
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Customs-Import duty-Date when duty to be calculated—Arrival of rice in Kenya for transit to Uganda—Goods then subject to suspended duty in Uganda—Order made before goods enter Uganda imposing duty—Whether duty payable on goods entering Uganda—Material date for calculation of duty in territory of ultimate destination-East African Customs Manage- ment Act, 1952, s. 2, s. 16, s. 29, s. 82, s. 97 and s. 104 (1)—East Africa (High Commission) Order-in-Council, 1947, Third Schedule, s. 28, Item 3- Interpretation Act (Cap. 1), s. 2—East African Customs Regulations, 1954, reg. 42—Customs Tariff Ordinance, 1958, s. 1 and s. 3 (U.)—Interpretation and General Clauses Ordinance (Cap. 1), s. 2 (U.)—Eastern African Court of Appeal Rules, 1954, r. 65
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9 July 1962 |
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Mortgage-Mortgage not signed by mortgagee-No positive covenants by mortgagee Mortgage registered—Validity of mortgage-Whether absence of mortgagee's signature a matter of substance-Registration of Titles Ordinance (Cap. 123), s. 114, s. 156 and s. 209 (1) (U.)
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6 July 1962 |
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Costs—Interest—Whether interest on costs payable without specific order—Indian Code of Civil Procedure, 1908, s. 34 and s. 35—Civil Proceedings (Interest on Judgment Debts) Rules, 1956, r. 1, r. 2, r. 3 (T.)—Civil Procedure Ordinance (Cap. 5), s. 26 and s. 27 (K.)
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5 July 1962 |
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Practice-Parties—Substitution—Application to dismiss sole defendant from suit and substitute another defendant—Whether application competent—Indian Civil Procedure Rules, O. I, r. 10 (2). Practice-Third-party notice-Application for third-party notice as alternative prayer-No local rule authorising issue of third-party notice-Whether court has power to grant application—Judicature and Application of Laws Ordinance, 1961, s. 2 (2) (T.)—Tanganyika Order-in-Council, 1920, art. 17 (2) (T.)— Rules of the Supreme Court, O. XVI, r. 48 to r. 55
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5 July 1962 |
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Criminal law—Attempt—Larceny—Entering unlocked motor car—Car empty— Nothing to steal-Charge of attempted stealing—Whether the accused's conduct was an overt act sufficiently proximate to constitute an attempt to steal—Penal Code (Cap. 16), s. 265, s. 269 (c), s. 380 and s. 381 (T.)—Penal Code (Cap. 24), s. 389 (K.)
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3 July 1962 |
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Damages-Joint tortfeasors-Assessment-Separate award of damages against each tortfeasor-Whether separate awards made on wrong principle—Proper court to assess damages-Law Reform (Miscellaneous Provisions) Ordinance, 1956, Part III (K.)—Law Reform (Married Women and Tortfeasors) Act, 1935, Part II
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2 July 1962 |
| June 1962 |
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Criminal law—Practice—Trial—No witnesses present-Charge dismissed— Fresh charge later brought in same terms—Whether dismissal of charge is a bar to subsequent prosecution for same offence-Penal Code (Cap. 24), s. 202 and s. 307 (a) (K.)
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29 June 1962 |
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Criminal law-Murder-Circumstantial evidence-Deceased found dead after raid by gang-No direct identification of any accused—All accused found in possession of articles stolen during raid—Whether inference of theft can be drawn so as to support charge of murder-Whether deceased killed by gang -Common intent-Penal Code (Cap. 16), s. 3 (T.)
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29 June 1962 |
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Certiorari-Limitation—Application to quash conviction and sentence-Leave to apply sought and granted after six months from conviction—Period of limitation six months—Whether court should exercise discretion and grant application-Law Reform (Miscellaneous Provisions) Ordinance, 1956, s. 9 (K.)—Civil Procedure (Revised) Rules, 1948, O. LIII, r. 1 (K.)
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28 June 1962 |
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Criminal law-Molestation—Dissuasion or attempted dissuasion of a person from dealing with complainant's shop-Whether apprehension of violence necessary to cause alarm─Meaning of “alarm"-Penal Code (Cap. 24), s. 239 (K.)
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18 June 1962 |
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Execution—Attachment-Warrant of attachment addressed to limited company— Company not an authorised court broker—Director of the company a broker -Warrant of attachment served on director—Attachment levied by director personally-Whether levying of attachment unlawful-Civil Procedure (Revised) Rules, 1948, O. XXI, r. 20 (2) (K.)—Rules of Court Part X, r. 3 (K.)
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18 June 1962 |
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Criminal law-Charge—Failure to comply with requirements of police supervision order-Ingredients of offence—Whether failure by accused to show court that he had tried his best to act in conformity with law an essential ingredient of offence—Criminal Procedure Code (Cap. 20), s. 309 (1) (a), s. 310 (T.)— F Penal Code, s. 312 (T.)
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13 June 1962 |
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Practice-Appeal-Leave to appeal—Privy Council—Action dismissed on preliminary objection—Decision reversed on appeal—Interlocutory or final judgment Eastern African (Appeal to Privy Council) Order-in-Council, 1951, s. 2 and s. 3
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7 June 1962 |
| May 1962 |
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Criminal law-Arraignment of accused-Practice-Charge of possession of property suspected of having been stolen or unlawfully obtained-Whether failure by accused to account satisfactorily to court for his possession is an essential ingredient of offence—Procedure to be adopted on taking plea— Criminal Procedure Code (Cap. 20), s. 24, s. 203 (1) and s. 206 (T.)—Penal Code (Cap. 16), s. 312 (T.)
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14 May 1962 |
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Criminal law-Conveying property suspected of having been stolen—Police trap set for accused at shop—Property brought to shop for sale—Accused arrested inside shop-Whether accused detained in course of journey-Penal Code (Cap. 16), s. 312 (T.)—Criminal Procedure Code (Cap. 20), s. 24 (T.)—Metropolitan Police Act, 1839, s. 66. Criminal law-Sentence-Order for police supervision—Conviction for conveying property suspected of having been stolen-Offence punishable by two years' imprisonment-Whether order lawful-Penal Code (Cap. 16), s. 312 (T.)— Criminal Procedure Code (Cap. 20), s. 308 (T.)
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9 May 1962 |
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Divorce-Jurisdiction—Self-governing dominion—Colonial divorce jurisdiction— Whether colonial jurisdiction conferred by statute continues after attainment of independence—Indian and Colonial (Divorce Jurisdiction) Act, 1926, s. 1 and s. 2—Colonial and Other Territories (Divorce Jurisdiction) Act, 1950, s. 2—Colonial and Other Territories (Divorce Jurisdiction) Order-in-Council, 1953—Tanganyika (Non-Domiciled Parties) Divorce Rules, 1953 (T.)— Tanganyika Independence Act, 1961, s. 3 (4) and Second Schedule, para. 15
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8 May 1962 |
| April 1962 |
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Criminal law Sentence "Previous conviction" Whether date of previous conviction must be prior to date of subsequent offence—Criminal Procedure Code (Cap. 20), s. 11 (T.)
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19 April 1962 |
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Licensing-Certiorari—Liquor licensing board—Refusal of application by mem- bers' club-Grounds of alleged discrimination—Candidates for membership required to be proposed and seconded-Allegation that such requirement discriminatory Whether such consideration extraneous to decision of board Application for writs of certiorari and mandamus Liquor Licensing Ordinance, s. 5, s. 6, s. 9, s. 10 and s. 40 (T.)—Liquor Licensing Act, 1953 (U.K.). Certiorari-Liquor licensing board-Refusal of application by members' club- Grounds of alleged discrimination—Candidates for membership required to be proposed and seconded—Allegation that such requirement discriminatory -Whether such consideration extraneous to decision of board-Whether order of board a “speaking order" so as to warrant issue of writ—Liquor Licensing Ordinance, s. 5, s. 6, s. 9, s. 10 and s. 40 (T.)—Liquor Licensing Act, 1953 (U.K.)
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11 April 1962 |
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Criminal law—Evidence—Facts specially within the knowledge of the accused- Whether the fact that a person is licensed as a medical practitioner is within the knowledge of a pharmacist—Evidence Ordinance (Cap. 9), s. 104 (1) (U.). Medicine Pharmacy Sale of poison to person not licensed to practise as medical practitioner-Sale to person formerly licensed—Statute constituting absolute prohibition against sale except to persons specified-Burden of proof whether purchaser licensed—Pharmacy and Poisons Ordinance, 1957, s. 2, s. 24, s. 29 (U.)—Medical Practitioners Ordinance (Cap. 93) (U.)— Evidence Ordinance (Cap. 9), s. 104 (1) (U.)—Firearms Ordinance, 1953, s. 4 (1) (K.)—Indian Evidence Act, 1872, s. 105. Statute · Construction · Criminal offence · Absolute prohibition Provision excepting or exempting specified persons-Effect upon burden of proof- Pharmacy and Poisons Ordinance, 1957, s. 2, s. 24, s. 29 (U.)
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6 April 1962 |
| March 1962 |
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Criminal law—Evidence—Impeaching credit of witness—Statement by witness to police-Statement not strictly proved at trial—Statement put in evidence despite objection by witness-Necessity for strict proof of statement- Evidence Ordinance (Cap. 9), s. 143 and s. 153 (3) (U.)
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29 March 1962 |
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Res judicata―Judgment of African court-Fatal accident—Claim by deceased's father in Supreme Court-Claim for self and dependants of deceased-Suit also filed in African court—Claim there founded on customary law—Cause of action similar in both suits—Remedies different―Judgment awarding C compensation given by African court-Whether this judgment bars suit in Supreme Court-Fatal Accidents Ordinance (Cap. 9), s. 4, s. 6 (K.)
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16 March 1962 |
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Execution-Attachment-Seizure of judgment debtor's goods by bank under letters of hypothecation—Seizure by bank with knowledge of issue of warrant of attachment-Effective time and date of execution of warrant of attachment -Whether seizure of goods gave bank title to the goods-Sale of Goods Ordinance (Cap. 290), s. 27 (1) (K.)—Civil Procedure Ordinance (Cap. 5), s. 30 (K.)—Civil Procedure (Revised) Rules, 1948, O. XXI, r. 38 (K.)
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12 March 1962 |
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Trust and Trustee-Voluntary disposition inter vivos-Disposition by declaring new trust Transfer of shares by beneficiary to the trustee-Subsequent oral direction to trustee naming new beneficiary—Transfer forms signed in blank by original beneficiary-Subsequent confirmation of the trust-Whether the direction is a “grant or assignment of any trust”—Statute of Frauds, 1677, s. 9-Law of Property Act, 1925, s. 53 (1) (c)—Judicature and Application of Laws Ordinance, 1961, s. 2 (2) (T.)
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8 March 1962 |
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Chose in action—Part of a debt-Equitable assignment of part of debt-Proceeds of sale of crop to become payable to grower—Action by assignee in own name -Whether joinder of assignor necessary-Judicature Act, 1873, s. 25– Law of Property Act, 1925, s. 136—Indian Transfer of Property Act, 1882, S 3 and s. 130 Practice-Parties—Equitable assignment of part of debt—Assignment of proceeds of sale of crop to become payable to grower—Action by assignee in own name-Whether joinder of assignor necessary—Judicature Act, 1873, s. 25 -Law of Property Act, 1925, s. 136—Indian Transfer of Property Act, 1882, s. 130
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2 March 1962 |
| December 1961 |
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Criminal law-Corruption—Arrest of bicyclist—Money paid to policeman- No agreement to drop charge-No proceedings subsequently—Whether policeman's conduct influenced by gift-Ingredients of offence-Penal Code (Cap. 22), s. 78 (1) (U.)
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22 December 1961 |
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Practice-Appeal—Extension of time to file notice of cross-appeal—Application to support decision of lower court on other grounds—Over a year's delay in making application—Mistake of legal adviser—Excessive delay-Discretion -Sufficient cause—Eastern African Court of Appeal Rules, 1954, r. 9 and r. 65 (1) and (3)—Rules of the Supreme Court, O. LVIII, r. 15. Practice-Pleading-Plea of undue influence-No particulars given-Application at trial for this defence to be struck out-So ordered-Evidence given— Defence restored in judgment—Case decided on issue of undue influence— Whether issue before the court-Re-trial-Civil Procedure (Revised) Rules, 1948, O. VI, r. 2 and r. 3 (K.)
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19 December 1961 |
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Trust and trustee—Implied trust—Property owned beneficially by members of family-Legal estate vested in trustee-Property sold to connection of family-Purchaser aware of interest of members of family-Purchaser not required to pay price-Collateral agreement between purchaser and members of family to pay price less sum due to him—Whether trust implied. Executor and administrator-Property owned beneficially by members of the family- Legal estate vested in trustee-Property sold to connection of family– Purchase subject to interest of members of family-Claim by sub-lessee against purchaser-Claim compromised by purchaser's executors-Whether executors entitled to deduct sum paid to sub-lessee from price due to members of family
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9 December 1961 |
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Practice Execution—Payment or adjustment of decree—Attachment issued— Settlement between parties before execution—Advocate for decree holders so informs court-Terms of settlement not stated or recorded on court file— Subsequent application for attachment of shares—Prohibitory order made- Application to set aside order-No record of payment or adjustment of decree-Whether application competent——Civil Procedure Ordinance (Cap. 6), s. 35 (1) (U.)—Civil Procedure Rules, O. 19, r. 2 (U.)—Judgments Extension Ordinance (Cap. 11), s. 2 (U.)
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7 December 1961 |
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Habeas corpus-Arrest in Tanganyika—Warrant issued by a magistrate in Northern Rhodesia—Offences alleged involving conspiracy to destroy property- Whether court has power to order return of applicant—Offences charged alleged to be of political nature-Criminal Procedure Code, s. 348 (d) (T.)— Fugitive Offenders Act, 1881, s. 10, s. 12, s. 14 and s. 19— East African Fugitive Offenders Order-in-Council, 1920, Art. 2 (1)—The Tanganyika Order-in-Council, 1920, Art. 14 (iv) (d) (T.)—Extradition Act, 1870, s. 3
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2 December 1961 |
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Income tax-Limitation—Inter-territorial body corporate with full legislative powers-Power to collect income tax in each territory-Whether High Commission is an emanation of the Crown—Whether High Commission is the Crown for collection of income tax-Status of High Commission in constituent territories—East African Income Tax (Management) Act, 1958, s. 124 (1) -East Africa (High Commission) Order in Council, 1947, s. 1, s. 4, s. 9, s. 10, s. 12, s. 28, s. 32, s. 33, s. 48-Indian Limitation Act, 1877, Schedule, Art. 115, 120 and 149-Government Suits Ordinance (Cap. 5), s. 2 (T.)— Indian Acts (Application) Ordinance (Cap. 2), s. 5 (T.)——Indian Code of Civil Procedure, 1908, s. 79
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1 December 1961 |
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Guarantee-Appeal-Price payable by principal debtor by agreed monthly installments-Acceptance of instalments of less amount than agreed—No consent by surety-Whether performance of terms of contract varied-Whether surety discharged-Indian Contract Act, 1872, s. 133, s. 134, s. 135, s. 137 and s. 139-Eastern African Court of Appeal Rules, 1954, r. 62, r. 63, r. 77— Indian Code of Civil Procedure, 1908, O. 13, r. 4 (1). Practice-Appeal—New point of law taken on appeal—Point founded on statute law-New point not pleaded—Minds of parties not directed to issue at trial— Whether permissible to take new point of law on appeal
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1 December 1961 |
