Results.
2,758 judgments found.
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| March 1961 |
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Street traffic-Hire-purchase-Private hire motor vehicle-Use of unlicensed vehicle-Mandatory cancellation of vehicle's registration and licence— Vehicle on hire-purchase agreement to accused—Vehicle re-possessed by hire-purchase company—Application by company to revoke order for cancellation-Whether company can make application as owner -Meaning of "owner"-Criminal Procedure Code, s. 337, s. 339 and s. 341 (b) (U.)— Traffic Ordinance, 1951 (as amended by Traffic (Amendment) Ordinance, 1960), s. 2, s. 83 (U.)
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23 March 1961 |
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Criminal law-Charge-Receiving stolen property-Recent possession of stolen property-Accused charged with receiving-Evidence consistent with theft C or receiving — Whether accused should be charged with theft and alternatively receiving-Whether court must consider evidence pointing to each offence— Penal Code, s. 317 (1) (K.)—-Criminal Procedure Code, s. 169 and s. 187 (K.)—Indian Evidence Act, 1872, s. 114
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17 March 1961 |
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Bankruptcy-Property available for distribution—Attachment of goods by judgment creditor—Suit by wife claiming goods—Attachment raised on terms -Terms that goods transferred to third party-Bond by third party for value of goods—Payment to wife if suit successful—Payment into court if suit unsuccessful—Receiving Order against debtor-Wife's suit withdrawn— Whether trustee or judgment creditor entitled to value of goods—Indian Code of Civil Procedure, 1908, s. 73; O. XXI, r. 2
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16 March 1961 |
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Probate-Revocation of grant of administration—Application by motion for revocation—Opposition by grantee—Whether application should be by action or motion-Indian Probate and Administration Act, 1881, s. 50—Indian Succession Act, 1925, s. 263—Civil Procedure Ordinance (Cap. 5), (K.)
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15 March 1961 |
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Jurisdiction-District court-Landlord and tenant―Lease-Forfeiture-Action for forfeiture-Value of premises for purposes of jurisdiction-Principles for C valuing premises—Subordinate Courts Ordinance (Cap. 3), s. 4 (4) (T.)— Court Fees Rules, Item 13 (T.)—Indian Court Fees Act, 1870, s. 7 (XI) (cc)—Indian Suits Valuation Act, 1887, s. 8-Rent (War Restriction) Ordinance, 1918 (K.)
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13 March 1961 |
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Judgment-Evidence-Negligence—Mistake-Swab left in patient's body- Emergency operation—Finding unsupported by evidence—Validity of finding
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9 March 1961 |
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Costs-Taxation Privy Council Order for payment of costs incurred in Court of Appeal for Eastern Africa—Costs incurred in Kenya relative to appeal to Privy Council-Whether such costs incurred in Court of Appeal-Eastern African (Appeal to Privy Council) Order in Council, 1951, s. 4 and s. 19- Eastern African Court of Appeal Rules, 1954, r. 6 (2), r. 56 (6), Third Schedule, para. 6 and scale A, items 1 and 2
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9 March 1961 |
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Agent-Indemnity—Contract made by agent for undisclosed principal—Ratifica- tion of contract by undisclosed principal—Claim under contract—Damages paid by agent to third party upon arbitration award—Whether agent entitled to indemnity from undisclosed principal for damages paid—Whether agent entitled to set-off damages against balance owed to principal upon other transactions—Indian Contract Act, 1872, s. 217, s. 222, s. 230 (2), s. 232
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6 March 1961 |
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Rent restriction-Premium-Recovery-Lease for a year with option to renew annually—Whether premium legal—Rent Restriction Ordinance (Cap. 115), s. 3 (2) (U.)
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3 March 1961 |
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Jurisdiction—Partnership—Action between partners—Action brought in High Court-All parties African-Application to transfer to Principal Court of Buganda―Jurisdiction—Buganda Courts Ordinance (Cap. 77), s. 7, s. 9 and s. 12 (U.)
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3 March 1961 |
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Pleading-Libel-Particulars-Newspaper report-Plaintiff not mentioned by full name-Descriptive details capable of leading to identification—Defence filed-No plea of no reasonable cause of action—Motion to strike out plaint -Whether filing of defence precludes motion to strike out plaint—Civil Procedure (Revised) Rules, 1948, O. 6, r. 1, r. 3, r. 9, r. 29 (K.)—Rules of the Supreme Court, O. XIX, r. 4, r. 6 (2), r. 7; O. XXV, r. 4
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3 March 1961 |
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Negligence—Insurance agent—Liability—Agent undertaking to procure insurance -Cover note issued—Proposal form mislaid—Insufficient information given by agent to insurance company—No policy in force when damage incurred— Liability of agent to proposer
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3 March 1961 |
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Immigration—Prohibited immigrant—Immigrant claiming adoption by resident— No contemporary documentary proof—Entry permit sought by resident for "my son"-Adoption not disclosed—Immigrant admitted—Removal order C made-Burden of proof that presence in territory lawful—Whether entry through misrepresentation is lawful entry-Immigration Ordinance, 1956, s. 4 (5), s. 8, s. 11, s. 18 (2) (K.)—Defence (Admission of Women and Children) Regulations, 1940, Regs. 3, 5, 8 and Sch. (c) (K.)—Interpretation and General Provisions Ordinance, 1956, s. 3 (1) (K.)
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3 March 1961 |
| February 1961 |
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Workmen's Compensation Accident Arising out of employment · Employee travelling in employer's lorry-Duty to accompany lorry-Sand thrown up by other vehicle—Employee's eye lost-Whether accident in course of employment-Workmen's Compensation Ordinance (Cap. 263), s. 5 (T.). Burden of proof — Civil action Claim by alleged employee Claim against former partner — No evidence called by alleged employer — Evidence that partnership dissolved-Whether employment proved. Workmen's Compensation—Jurisdiction—Proper court to determine claim— Accident occurring outside jurisdiction of court in which claim made— Whether court has jurisdiction Workmen's Compensation Ordinance (Cap. 263), s. 16 (1), s. 19 (1) (T.)—Workmen's Compensation Rules, r. 30 (T.)—Indian Code of Civil Procedure, 1908, s. 20. Procedure Appeal Jurisdiction Workman's claim for compensation Accident occurring outside the territorial jurisdiction of the court where the claim was made ―Jurisdiction to try claim—Issue of jurisdiction not raised at trial—Whether question of jurisdiction can be raised on appeal—Indian Code of Civil Procedure, 1908, s. 21
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28 February 1961 |
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Criminal law-Evidence-Deposition-Reference in judgment to deposition- Deposition of witness called at preliminary enquiry-Witness not called at trial-Deposition not put in evidence-Evidential value of deposition— Criminal Procedure Code, s. 151, s. 194, s. 219, s. 275 and s. 276 (T.)
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25 February 1961 |
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Libel-Evidence—Publication—Letter-No evidence of publication given for plaintiff—Publication admitted by agent of defendant—Whether publication proved. Libel-Defamatory words-Reflection on plaintiff in way of his business-Letter -No evidence of defamatory interpretation of letter by recipients—Whether plain meaning sufficient to prove defamation. Libel-Malice-Defamation by an officer of a limited company-Liability of the company for servant's malicious libel—Damages. Damages-Libel—Assessment—Liability of the company- Liability to pay vindictive Damages-Malice of the company's servant
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25 February 1961 |
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Criminal law-Breach of the peace-Threat of violence—Whether mere threat of violence constitutes breach of peace—Penal Code, s. 89 (2) (b) (T.)
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22 February 1961 |
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Sale of goods-Rejection-Contract amended after signature-Goods shipped before contract amended-Documents in accordance with original contract— Objections by purchaser to documents-Whether rejection of goods justifiable -Sale of Goods Ordinance, s. 52 (2) (A.)—Eastern African Court of Appeal Rules, 1954, r. 68 (2)
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21 February 1961 |
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Criminal law-Practice-Order for payment of compensation and costs to the accused by the informant-Whether order valid—Meaning of “in addition to his costs"-Criminal Procedure Code, s. 88, s. 173 and s. 175 (T.)
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20 February 1961 |
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Criminal law-Rape-Evidence-Complaint-Complaint made in answer to question—Question not leading—Whether evidence of complaint admissible -Eastern African Court of Appeal Order-in-Council, 1950—Eastern African Court of Appeal (Amendment) Order-in-Council, 1958–Sexual Offences Act, 1956, s. 1 (1)—St. Helena Order-in-Council, 1935, paras. 1 and 4- Interpretation and General Law Ordinance (Cap. 54), s. 25 (St. H.)— Appeals Ordinance, 1960 (St. H.)
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6 February 1961 |
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Hire-purchase-Motor vehicle—Default—Action by owners for instalments— Defence that owners were unlicensed money-lenders—Whether transaction genuine hire-purchase-Money-lenders' Ordinance, 1951, s. 2 (1), s. 11 (3), s. 22 (U.)-Money-lenders' Act, 1900, s. 2 (1) (a)
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3 February 1961 |
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Limitation of action—Contract of service—Claim against former employee for balance of account-Set-off pleaded for arrears of salary—Agreement for reasonable salary when service commenced—Subsequent agreement to pay fixed salary-Time from which limitation runs-Limitation Ordinance (Cap. 11), s. 5 (1) (K.)—Indian Contract Act, 1872, s. 2, s. 25 (2) and (3)
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1 February 1961 |
| January 1961 |
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By-law-Construction—Validity-Local authority-Power to require demolition of building-Power exercisable if unauthorised alteration to existing building -Whether by-law reasonable-Nairobi Municipality (Building) By-laws, 1948, By-laws 6, 352, 353, and 374 A
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31 January 1961 |
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Income tax-Capital or income-Consideration payable for right of occupancy -Consideration based on tonnage of sisal fibre to be exported—Consideration limited to definite maximum sum-Whether consideration is a royalty -Whether consideration paid deductible in computing profits—East African Income Tax (Management) Act, 1952, s. 14 (1)—German Property (Disposal) Ordinance, 1948 (T.)
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30 January 1961 |
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Native law and custom—Mailo land—Agreement to lease to non-African— Statutory consents not obtained—Illegal transaction—Whether parties in pari delicto-Whether African landowner can recover possession from non-African tenant · Land Transfer Ordinance, s. 2, s. 3 and s. 4 (1) (U.) – Possession of Land Law (Cap. 25) (Native Laws of Buganda), s. 2—Buganda Native Laws (Declaration) Ordinance, s. 3 and s. 4 (b) (U.)—Limitation Ordinance, 1958, s. 32 (1) (U.)—Rent Restriction Ordinance, 1949 (K.)
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25 January 1961 |
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Divorce-Desertion—Husband employed away from matrimonial home—Refusal by wife to join husband—Whether refusal necessarily constitutes desertion— Burden of proof
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25 January 1961 |
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Company-Winding-up-Property of the company-Liquidator taking into custody assets to which the company appears entitled—Application for order to deliver and transfer sisal estate-Liquidator's claim to title and possession disputed— Purchaser of moiety of estate in possession without title—Whether liquidator entitled to possession—Companies Ordinance (Cap. 288), s. 188, s. 200 (K.)—Indian Transfer of Property Act, 1882, s. 55 (6) (b)—Registration of Titles Ordinance, s. 1 (2) (K.)—Companies (Consolidation) Act, 1908, s. 164
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24 January 1961 |
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Sale of Goods-Failure of consideration—Recovery of part of price—Portion of goods damaged-Rejection—Subsequent sale to purchaser at reduced price of rejected goods-Claim for refund of price for damaged goods-Amount of refund to which purchaser is entitled
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20 January 1961 |
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Rent restriction—Possession—Monthly sub-tenancy—Sub-tenant becoming ill takes in partner—Business conducted solely by partner—Partnership alleged to be a sham—Whether landlord entitled to possession—Rent Restriction Ordinance (Cap. 136), s. 11 (2) (g) and (d) (A.)—Partnership Ordinance (Cap. 109), s. 4 (1) and s. 6 (1) (A.)—Contract Ordinance, s. 25 (A.)
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20 January 1961 |
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Criminal law-Evidence—Admissibility—Statement by accused while in police custody-No compliance with Evidence (Statements to Police Officers) (No. 2) Rules, 1955, r. 8 (U.)
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17 January 1961 |
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Costs-Security for costs-Application for further security-Costs of appeal and past costs-Security for appeal lodged—Whether further security will be ordered-Eastern Africa Court of Appeal Rules, 1954, r. 19 (b), r. 58 and r. 60
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14 January 1961 |
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Criminal law-Evidence—Accomplice—Corroboration—Receiving stolen property -Property stolen from post office-Goods in transit from Switzerland to local importers-Evidence by importers identifying stolen property from invoices and orders-Whether evidence admissible—Evidence Ordinance, s. 30 (U.)
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9 January 1961 |
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Bankruptcy Discharge — Effect of discharge upon adjudication — Right of bankrupt to sue after discharge—Cause of action arising prior to bankruptcy —Action by trustee joining bankrupt as co-plaintiff—Suit dismissed—Appeal by discharged bankrupt alone—Whether entitled to sue or prosecute appeal Whether property still vested in trustee after discharge-Civil Procedure (Revised) Rules, 1948, O. I, r. 1, r. 10 (2); O. VI, r. 29 (K.)—Bankruptcy Ordinance (Cap. 30), s. 20, s. 29 (9), s. 33 (2) (K.)—Rules of the Supreme Court, 1883, O. XXV, r. 4-Eastern African Court of Appeal Rules, 1954, r. 62 (4) (c), (g), r. 72 (2)
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7 January 1961 |
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Hire-purchase-Failure to pay instalments-Repossession of vehicle-Plaint claiming all remaining instalments under agreement—Whether claim is for damages or unpaid instalments-Indian Contract Act, 1872, s. 73
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3 January 1961 |
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Contract-Legality-Claim for repairs by garage-Licence required for garage -Whether contract for repairs illegal—Non-compliance with provisions of Registration of Business Ordinance, 1951-Whether court can grant relief—Traders' Ordinance, 1951, s. 2, s. 4, s. 6 (1), s. 22 and s. 26 (K.)—Township (Licence Fees) Rules, r. 2, r. 4 and r. 5 (K.)—Registration of Business Names Ordinance, 1951, s. 8, s. 11 and s. 33 (K.). Evidence-Appeal—Admission of additional evidence-Defence of illegality not pleaded-Whether evidence of legality can be admitted on appeal-Civil Procedure (Revised) Rules, 1948, O. XLI, r. 22 (K.)
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3 January 1961 |
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Criminal law-Receiving stolen property—No conclusive proof of theft or ownership of the goods—No direct evidence of possession of stolen goods-Whether surrounding circumstances sufficient proof of receiving Penal Code, s. 311 (1) (T.)
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3 January 1961 |
| November 1960 |
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Jurisdiction-Buganda courts-Suit filed in High Court-Application for transfer of suit-Suit for damages-Collision-Allegations of negligence and nuisance -Issues of partnership and vicarious liability involved—Principles on which case transferable to Buganda Courts—Buganda Courts Ordinance (Cap. 77), s. 2, s. 7, s. 9, s. 10 (U.)—Uganda Order in Council, 1902 s. 20 (U.)—Con- stitution of Uganda, s. 74 (U.)
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29 November 1960 |
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Bankruptcy Bankruptcy notice-Validity-Post office box given as address of creditor-Whether address given sufficient—Bankruptcy Ordinance (Cap. 29), s. 164 (U.)
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13 November 1960 |
| October 1960 |
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Practice-Evidence—Examination of witness abroad and outside jurisdiction— Issue of commission or letters of request-Application by summons in chambers-Civil Procedure (Revised) Rules, 1948, O. XXVII, r. 1; r. 2, r. 20; O. XXIX, r. 10; O, XXX, r. 5. (K.)
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19 October 1960 |
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Criminal law-Evidence-Unnatural offence—Corroboration—Evidence of complainant identifying accused—Whether there was evidence to corroborate complainant's evidence—Magistrate failing to warn himself of the need for corroboration-Penal Code (Cap. 24), s. 162 (a) and s. 297 (K.)
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4 October 1960 |
| September 1960 |
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Practice-Particulars—Action for balance of account-Particulars sought of two items in account-Order for particulars in proper form within specified time -Failure to comply with order as items found incorrect—Application for amendment of plaint-Whether failure to comply with order or to show proposed amendments in red ink justifies dismissal of suit—Civil Procedure Rules, O. 6, r. 18 (U.)
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29 September 1960 |
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Criminal law-Sentence-Committal to superior court for sentence—Conviction by magistrate—Sentence passed by superior court-Whether appeal against conviction and sentence lies to Court of Appeal—Penal Code, s. 291 (K.)— Criminal Procedure Code, s. 217 (2) (b), s. 217 (A), s. 347 and s. 378 (K.)— Criminal Justice Act 1948, s. 29—Magistrate's Courts Act 1953, 3. 29
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24 September 1960 |
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Bankruptcy-Offences-Undertaking by bankrupt to pay part of salary monthly for benefit of creditors—Failure to pay-Whether offence committed under s. 137 (1) (q) of the Bankruptcy Ordinance—Bankruptcy Ordinance (Cap. 30), s. 54 (2), (3), (4) and s. 137 (1) (q) (K.)
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23 September 1960 |
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Criminal law-Escape-Aiding prisoner to escape from lawful custody-Prisoner arrested by police for suspected breach of municipal by-law — Whether prisoner in lawful custody-Penal Code, s. 119 (1) (K.)
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17 September 1960 |
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Seychelles--Penal Code, s. 4, s. 253, s. 268 and s. 316 (S.)—French Code Napoleon, articles 1315, 1316, 1320, 1322, 1329, 1330, 1341, 1347, 1348, 1349, 1353, 1354, and 1355—Penal Code, 1904, s. 214, s. 216 and s. 268 (S.)—–Criminal Procedure Code, s. 3 (3), s. 121 (c) (ii) (S.)—Evidence Ordinance, s. 12 (S.)—French Penal Code, art. 169—Penal Code, s. 122 (K.). Company-Whether a company “unauthorised” by the government has legal existence -Colonial Laws Validity Act, 1865—French Code de Commerce, art. 37
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13 September 1960 |
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Nullity-Wilful refusal to consummate marriage—Incapacity of wife—Vera copula incomplete-Whether marriage consummated. Nullity-Intervention—Queen's Proctor-Intervention after decree nisi-Un-defended petition—Information for intervention from respondent's wife
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3 September 1960 |
| August 1960 |
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Criminal law—Evidence-Corroboration—Whether evidence of accessories after the fact requires corroboration
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31 August 1960 |
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Practice-Appeal—Argument inconsistent with case at trial raised on appeal— Discretion of appellate court to permit appellant to take a new point—When discretion will be exercised. Agent Contract—Sale of goods—Goods purchased through agent from undisclosed principal—Price paid to agent and misappropriated by him— Whether purchasers discharged from liability to vendors-Indian Contract Act, 1872, s. 226 and s. 230
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31 August 1960 |
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Trade-Covenant in restraint of trade-Grocer—Covenant not to engage in grocery business for five years—Area of restraint coextensive with area of jurisdiction of court-Reasonableness—Severability of area between two islands—Contract Decree (Cap. 80), s. 27 (Z)—Indian Contract Act, 1872
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22 August 1960 |
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Costs-Taxation—Party and party costs-Expenses of bringing witnesses from outside jurisdiction. What costs are allowable-Civil Procedure Rules, O. 17, r. 9; O. 65, r. 27 (9) and Appendix I (Z.)—Rules of Court, 1922 to 1934, r. 73, r. 83, r. 88 (Z.)—Rules of the Supreme Court, O. LXV, r. 27
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16 August 1960 |
