Results.
2,758 judgments found.
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| August 1960 |
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Statute-Construction—Penal Code-Whether ejusdem generis rule applies— Legislation in pari materia-Intention of legislature-Constructions of words “or other place”—Penal Code, s. 91 B (K.)—Conspiracy and Protection of E Property Act 1875, s. 7
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15 August 1960 |
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Costs-Security-Petition for restitution of conjugal rights by wife—Application for security for wife's costs—Whether court empowered to order security for costs—Divorce Ordinance (Cap. 112), s. 4 (2) and s. 31 (U.)
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13 August 1960 |
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Practice Discovery—Application for affidavit of specific documents—No description of documents-Whether applicant entitled to order for discovery—Civil Procedure Rules, O. 10, r. 19 (3) (U.)
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9 August 1960 |
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Criminal law-Per jury—Evidence—Admissibility—Testimony given in language other than that of the court—Trial judge acting as interpreter without being sworn-Testimony not recorded by judge but by court official-Record of testimony produced by court official at trial for perjury—Trial judge not called as witness at trial for per jury—Whether record of testimony admissible -Supreme Court (Record of Evidence) (No. 2) Rules, 1955 (S.)—Criminal Procedure Code (Cap. 77), s. 172 and s. 175 (S.)—Evidence Ordinance (Cap. 81), s. 12 (S.)—Indian Evidence Act, 1872, s. 80 and s. 91—Seychelles Judicature Order-in-Council, 1903, cl. 13 (2) (S.) Promissory Oaths Ordinance, 1955 (S.)—Capital Offences Order-in-Council, 1903, cl. 8 (S.)
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7 August 1960 |
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Criminal law—Sedition-Consent of Attorney-General to prosecution—Whether Consent must specify all facts constituting offence-Penal Code, s. 57, s. 58 (1) (b) and s. 59 (K.). Criminal law-Sedition, two counts preferred in respect of one speech—Whether improper to prefer two counts
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6 August 1960 |
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Criminal law--Charge—Form of charge—One statement of offence-Four counts thereunder giving particulars of each count-Whether charge properly drawn-Criminal Procedure Code (Cap. 20), s. 136 (2) (T.). Evidence-Judicial notice—District in which coffee is grown—Whether the court may take notice that coffee is grown in certain districts only. Criminal law-Evidence-Burden of proof-Failure to observe direction by statutory board—Direction that producers must sell locally produced coffee to union-Coffee sold to dealer-Burden of proof that coffee locally produced-Indian Evidence Act, 1872, s. 105
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3 August 1960 |
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Criminal law-Corruption by a public officer-Police officer not acting in lawful conduct of employment—Whether charge of corruption as a public officer is applicable-Penal Code, s. 78 (1) (U.). Criminal law-Evidence—Accomplice-Offence complete before witness involved -Whether a witness can be an accomplice. Criminal law-Evidence—Accomplice-Corruption–Bargaining between a person threatened and a police officer as to the amount of a corrupt gift to the officer- Whether the person threatened is an accomplice. Criminal law-Demanding money with menaces-Whether person threatened must be alarmed by threat—Penal Code, s. 279 (U.)—Larceny Act, 1861, s. 45
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2 August 1960 |
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Stamp duty-Adjudication-Transfer of property-Inadequate sum paid as consideration—Whether transfer of property can be classified as a voluntary disposition—Stamps (Amendment) Ordinance, 1956, s. 31C (1), (2), and (4)
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2 August 1960 |
| July 1960 |
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Criminal law-Practice-Trial—Irregularity—No written judgment delivered containing points for determination, decision thereon, reasons or section of statute on which conviction founded-Conviction and sentence recorded by judge in trial record—Record also containing document headed “Grounds of judgment”—Whether irregularities fatal to conviction—Criminal Procedure Code, s. 2, s. 148, s. 149, s. 181, s. 304 (S.)—Criminal Procedure Decree, s. 101 (1) (Z.)—Eastern African Court of Appeal Rules, 1925-Eastern African Court of Appeal Rules, 1954, r. 31, r. 39
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29 July 1960 |
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Criminal law-Sentence- Young person- Irregularity- Sentence passed by native court-Sentence revised by magistrate—Revised sentence in excess of jurisdiction of native court-Native Courts Ordinance (Cap. 76), s. 24 (1) (U.)-Reformatory Schools Ordinance (Cap. 61), s. 5 (U.)
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29 July 1960 |
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Bankruptcy-Creditor's petition—Deed of arrangement executed by debtors and notice thereof given-Whether this is an assignment of property and notice of suspension of payment—Deeds of Arrangement Ordinance (Cap. 31), s. 3 and s. 26 (K.)—Bankruptcy Ordinance (Cap. 30), s. 3 and s. 6 (K.)
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27 July 1960 |
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Company-Winding-up-Public examination of officers-Fraudulent trading affecting creditors—Whether fraud upon creditors is a fraud “in relation to the company”—Companies Ordinance (Cap. 212), s. 182, s. 214, s. 215, C s. 271, s. 273, s. 356 (U.)—Companies (Winding-up) Rules, 1929, r. 8 (2), r. 59, r. 207, and r. 223 (1)—Companies (Winding-up) Act, 1890, s. 8
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27 July 1960 |
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Bankruptcy Debts provable-Costs and interest-Whether decree holder can prove for costs incurred in obtaining decree after date of receiving order and for interest on decretal amount--Bankruptcy Ordinance (Cap. 25), s. 35, s.38 (8), s. 70 and Second Schedule thereto (T.)—Bankruptcy Act, 1883, s. 37-Bankruptcy Act, 1914, s. 30 (3), s. 68
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23 July 1960 |
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Costs-Taxation-Reference-Practice-Error in principle in assessing instruction fee-Fee reduced by judge on reference-Whether judge should assess fee or remit to taxing officer for fresh taxation—Eastern African Court of Appeal Rules, r. 6 (2), r. 19 (6) and Third Schedule r. 24—Eastern African Court of Appeal Order-in-Council, 1950, art. 14 (b)
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21 July 1960 |
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Practice-Striking out pleading—"Set-off and defence" filed lacking particulars— No particulars sought—Particulars subsequently supplied without application -Application at trial to strike out “set-off and defence”—Whether such application proper—Civil Procedure (Revised) Rules, 1948, O. VI, r. 3, r. 17, r. 18, r. 27, r. 29, r. 30, O. VIII, r. 2, O. L, r. 1 (K.)—Rules of the Supreme Court, O. XIX, r. 7 and r. 27, O. XXV, r. 2 and r. 4. Pleading-Set-off-Equitable set-off-Unliquidated damages-Failure to perform contract alleged—Whether equitable set-off can be entertained in the same action as plaintiff's claim
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19 July 1960 |
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Insurance · Motor insurance Validity of indemnity Warranty excluding liability if driver not sober-Driver of insured using car without authority when drunk-Vehicle damaged beyond repair-Whether insurers liable— Penal Code, s. 284 (T.). Pleading-Amendment-Appeal-Omission to plead warranty in defence- Application made to amend defence at hearing of appeal-Omission due to inadvertence-Circumstances in which amendment allowed
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15 July 1960 |
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Mohamedan law-Wakf Failure of primary objects-Primary objects not valid for wakf-Charitable intention expressed in favour of secondary objects— Benefit to secondary objects conditional on surplus income being available after providing for primary objects—Whether cy-pres doctrine applies— Whether wakf void. Mohamedan law-Wakf-Object of wakf-Reading of the Koran upon the grave of deceased-Whether the object of the wakf is valid
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8 July 1960 |
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Criminal law—Charge—Receiving or retaining stolen property—Whether necessary to state the owner of the stolen property in the charge-Penal Code, s. 317 (1) (K.)—Criminal Procedure Code, s. 137 (c) (i) (K.). Criminal law—Accomplice—Accused charged with receiving or retaining stolen property-Taxi-driver engaged to transport stolen property-Taxi-driver not aware that property stolen-Whether taxi-driver an accomplice-Penal Code, s. 317 (1) (K.)
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4 July 1960 |
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Landlord and tenant-Lease-Construction-Private building estate-Roads constructed by lessor Clause requiring lessees to meet the cost of making and maintaining roads—Cost restricted to sum assessable on and payable by lessor-Whether lessee liable for cost of roads incurred voluntarily by lessor— Meaning of cost of roads “assessable on and payable by lessor
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1 July 1960 |
| June 1960 |
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Criminal law-Trial-Irregularity-Accused absent from part of trial-Whether trial vitiated—Criminal Procedure Code (Cap. 27), s. 193 and s. 381 (K.). Criminal law-Practice-Entry of nolle prosequi—Simultaneous filing of new information—Both informations identical. Whether entry of nolle prosequi at trial discharges proceedings at preliminary inquiry-Whether trial a nullity-Criminal Procedure Code (Cap. 27), s. 82, s. 89 (4), s. 233, s. 246, s. 250, s. 255, s. 275 and s. 299 (K.)
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28 June 1960 |
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Detinue-Burden of proof—Bond warrants endorsed over to appellant—Return demanded by respondent and refused by appellant-Whether proof of ownership gives immediate right to possession
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27 June 1960 |
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Criminal law-Murder-Provocation—Accused aware of previous adultery of his wife with paramour—Subsequent discovery of wife and paramour in flagrante delicto-Whether sufficient provocation to reduce murder to manslaughter— Penal Code, s. 187 and s. 188 (U.)
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23 June 1960 |
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Harbour-Meaning of "harbour premises"-Prosecution for refusal to obey lawful order of harbour management whilst on "harbour premises”- Whether "harbour premises” includes open land within harbour area or only land in vicinity of harbour buildings—East African Harbours Regulations, 1952, reg. 2, reg. 273 and reg. 299
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17 June 1960 |
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Practice Sealing Sealing of court documents — Court order bearing ink impression of rubber stamp in place of embossed seal of court-Whether rubber stamp impression can be regarded as a seal of court—Meaning of “sealed with the seal of the court”—Validity of the order of court—Indian Code of Civil Procedure, 1908, O. 21, r. 24—Designs for Seals and Stamps Order, r. 3 (T.)
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17 June 1960 |
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Land-Possessory title—Arabs settled on land by German Administration of Tanganyika-No documents of title—Descendants of Arabs in occupation fifty years later-No other claimant to land-Whether occupiers have acquired right to permanent occupation—Land Ordinance (Cap. 113), s s. 2, s. 3 (T.)-German Imperial Ordinance, 1895, s. 1 (T.). Compulsory purchase-Arabs settled on land by German Administration of F Tanganyika-Descendants still in occupation fifty years later without any documents of title-Whether occupiers are owners with title of freehold nature and entitled to compensation—Land Acquisition Ordinance (Cap.118), s. 5, s. 9, s. 18, s. 20, s. 29 (T.)—Indian Land Acquisition Act, 1894-Lands Clauses Consolidation Act, 1845, s. 79—Land Ordinance (Cap. 113), s. 2, s. 3 (T.)—German Imperial Ordinance, 1895, s. 1, s. 6 (T
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17 June 1960 |
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Arbitration Award-Setting aside award-Error of law on face of award— Question of law submitted to arbitration—Whether question solely one of law —Mistake as to territorial law applicable—Whether error is one of construction of clause in arbitration agreement—Whether error justifies setting aside award-Arbitration Ordinance (Cap. 15) (T.)
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17 June 1960 |
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Arbitration—Award—Jurisdiction—Proper law of contract—Clause applying law of arbitration in Tanganyika incorporated in contract—Arbitrators resident and sitting in Kenya-Whether award can be validly filed in Tanganyika court—Arbitration Ordinance (Cap. 15) (T.)
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17 June 1960 |
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Landlord and tenant—Lease for one year subject to annual option to renew— Option exercised regularly—Whether tenancy can be terminated by notice to quit-Whether yearly lease with option to renew is invalid for want of registration-Registration of Titles Ordinance, s. 108 and s. 110 (U.)
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16 June 1960 |
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Practice Arrest before judgment—Action for possession of property and damages -Defendant arrested-Security for appearance furnished—Application by defendant to set aside order for arrest-Whether plaintiff entitled to order for defendant's arrest under O. 36, r. 1 Civil Procedure Rules—Civil Procedure Rules, O. 36, r. 1 (U.)—Civil Procedure Ordinance (Cap. 6) s. 12 (U.)
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16 June 1960 |
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Damages — Breach of contract for personal services assessment of damages should be made. Damages Mitigation—Whether the duty to mitigate entails outlay of expenditure. Income Tax-Award of damages-Damages for breach of service contract— Whether damages liable to income tax-Meaning of “compensation”—East African Income Tax (Management) Act, 1958, s. 3 and s. 5—Income Tax Act, 1918, Schedule E, r. 1
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16 June 1960 |
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Trust and trustee-Breach of trust-Loan of trust funds without independent valuation of security—Security later realising less than sum lent—Negligence but no dishonesty alleged against trustee-Provision in trust deed relieving trustee from liability for acts not attributable to dishonesty-Whether trustee entitled to be relieved from liability—Trustee Act 1893, s. 8 (1)— Judicial Trustee Act 1896, s. 3—Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2, s. 3, s. 10 (T.)—Land Ordinance (Cap. 113), s. 16 (T.)
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15 June 1960 |
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Bill of exchange-Cheque-Notice of dishonour within reasonable time—Notice given two days after having knowledge of dishonour-No averment in pleadings that notice unnecessary—Whether holder can rely on such plea without amendment of pleadings—Meaning of 'refer to drawer'—Bills of Exchange Ordinance (Cap. 291), s. 49 (12), s. 50 (1), s. 50 (2) (c) (iv), (K.). Practice-Trial-Amendment of pleading-Bill of exchange-Application for leave to amend after close of evidence for both parties-Whether refusal of application justified
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15 June 1960 |
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Bankruptcy Composition—Scheme for payment of debts in full proposed by debtor-Approval by most creditors and by Official Receiver-Scheme disapproved by court-Appeal on grounds that discretion exercised on wrong principles—Bankruptcy Ordinance (Cap. 30), s. 18 (10), s. 29 (3), s. 96 and s. 137 (1) (r) (K.)—Bankruptcy Act, 1890
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13 June 1960 |
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Costs-Habeas corpus-Whether a successful applicant is entitled to costs
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11 June 1960 |
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Mortgage-Enforcement of security-Action against transferee of equity of redemption—Whether original borrowers must be parties to action—Whether witnesses to attestation of charge by borrowers must give evidence proving execution—Indian Transfer of Property Act, 1882, s. 85 —Indian Evidence Act, 1872, s. 68—Registration of Titles Ordinance (Cap. 160), s. 1, s. 23, s. 32, s. 46, s. 58 (K.)—Indian Acts (Amendment) Ordinance (Cap. 2), s. 2 (K.)
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10 June 1960 |
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Bill of exchange—Promissory note—Dishonour-Notice of dishonour—Whether notice necessary—Bills of Exchange Ordinance (Cap. 215), s. 3 (1), s. 48, s. 50, s. 52 (3), s. 90 (T.)—Civil Procedure Code, O. 6, r. 11, O. 7, r. 1, r. 11 (T.). Pleading Notice—Requirement that where notice is material, pleading must aver that notice given—Whether when notice is immaterial, pleading must so aver— Civil Procedure Code, O. 6, r. 11 (T.)
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9 June 1960 |
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Equitable mortgage—African lands trust—Receiving order made against debtors —Annual leases converted into 33-year leases under Registration of Titles Ordinance after but with effect from before receiving order-Whether equitable mortgage created by deposit of title requires memorandum in statutory form— Bankruptcy Rules, r. 265 (K.)—Native Lands Trust Ordinance (Cap. 100) s. 34 (K.)-Registration of Titles Ordinance (Cap. 160), (K.)-Equitable Mortgages Ordinance (Cap. 152), (K.)
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9 June 1960 |
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Nullity-Foreign decree-Husband and wife married in Palestine under Foreign Marriage Act, 1892—Husband a British subject—Wife at the time domiciled in Palestine-Subsequent residence of husband and wife in Britain and Kenya-Wife returns to Israel and there obtains decree of nullity on religious grounds—Whether Israel court has jurisdiction to make decree—Recognition of decree by Kenya courts—Marriage Ordinance (Cap. 144), s. 15 (K.)— Foreign Marriage Act, 1892
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8 June 1960 |
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Practice-Service-Appearance entered by advocate for defendant—Advocate ceases to act for want of instructions—No fresh address for service furnished by defendant or former advocate—Whether service of hearing notice at address of defendant's former advocate sufficient-Civil Procedure Rules, C O. 3, r. 4 (U.)
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7 June 1960 |
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Criminal law-Charge of breaking and stealing-Conviction of conveying or possessing property suspected of having been stolen or unlawfully obtained- Whether "conveying” and “possession" had terminated-Penal Code, s. 296 (1) and s. 312 (T..)—Criminal Procedure Code, s. 187 (1) (T.)
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4 June 1960 |
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Bankruptcy—Bankruptcy notice served upon debtor—Affidavit in reply failing to comply with rules—Affidavit treated by registrar as application to set aside bankruptcy notice but no order made extending the time specified in the notice -Application dismissed-When time begins to run for presentation of petition Bankruptcy Ordinance (Cap. 30), s. 3 (1) (g) and s. 6 (1) (c) (K.)— P Bankruptcy Rules, r. 100 and r. 101 (K.)
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1 June 1960 |
| May 1960 |
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Limitation of action—Probate and administration—Claim for share of estate- Action filed twelve years after death of deceased-Whether action time barred-Limitation Ordinance (Cap. 11), s. 3 (K.)—Trustees Ordinance (Cap. 36), s. 28 (K.)—Indian Probate and Administration Act, 1881, s. 117— Real Property Limitation Act, 1874, s. 8
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31 May 1960 |
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Bankruptcy-Property available for distribution-Building erected by debtor on land owned by wife—Administration in bankruptcy of estate of debtor ordered less than one year after death-Whether debtor's voluntary settlement is within the expression "estate of deceased debtor" in s. 47 (9) of Bankruptcy Ordinance (Cap. 25) (T.)—Bankruptcy (Amendment) Ordinance, 1958 (T.)— Bankruptcy Act, 1883, s. 125—Bankruptcy Ordinance (Cap. 25), s. 47 (9) (T.)
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31 May 1960 |
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Guarantee Hire purchase Default by hirer followed by guarantee for performance of agreement—Whether consideration given for guarantee – Whether guarantee applies to arrears of instalments—Indian Contract Act, 1872, s. 127
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27 May 1960 |
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Street traffic-Motor vehicle—Brakes not maintained in good and efficient working order-Proof required to justify conviction-Traffic Ordinance (Cap. 168), s. 43 (a) and s. 70 (T.)
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27 May 1960 |
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Criminal law-Bail pending appeal—Applicant sentenced to eighteen months' imprisonment-Lengthy record of appeal involving considerable delay before appeal heard—Whether ground for granting bail pending appeal—Criminal Procedure Code, s. 333 (2) (U.)
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26 May 1960 |
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Criminal law-Forfeiture-Conviction of hunting animals in controlled area without permission—Order for forfeiture of weapons used—Whether order for forfeiture lawful-Interpretation of words "in respect of which the offence has been committed” in Fauna Conservation Ordinance (Cap. 302), s. 53 (2) (T). Game—Unlawful hunting—Forfeiture of weapons—When forfeiture competent— Fauna Conservation Ordinance (Cap. 302), s. 53 (2) (T.)
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25 May 1960 |
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Habeas corpus--Applicant convicted and sentenced to nine months' imprisonment by district court-On appeal conviction quashed and sentence set aside- Applicant released and at large for 135 days-Conviction and sentence restored on further appeal—Applicant re-arrested and sent to prison— Original term of sentence expired when application heard—Whether period while applicant at large counts towards service of sentence-Criminal C Procedure Code, s. 298 (U.)
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23 May 1960 |
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Appeal Jurisdiction—Private prosecutor-Accused acquitted by magistrate— Appeal by private prosecutor by way of case stated-Whether appeal competent—Criminal Procedure Code (Cap. 27), s. 360 (1) and s. 367 (K.)— Criminal Procedure Code (Cap. 20), s. 87 and s. 333 (T.)
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23 May 1960 |
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Sale of land-Covenants running with land-Covenants imposed for the benefit of German Government—British occupation of territory-Transfers of land after change of sovereignty without express reference to "German" covenants -Whether covenants still subsisting and enforceable by government- Whether covenants deemed to be embodied in Governor's sanction to transfers -Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (T.)— Land Registration Ordinance (Cap. 334), s. 24, s. 115 (T.)—Land Registry Ordinance (Cap. 116), s. 5, s. 7 (T.)—Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2 (1) (2) and (3), s. 3 (T.)—Peace and Order Ordinance, 1920 (T.)—Ordinance of September 1, 1891, as amended by Ordinance of September 15, 1891 (T.)—Ordinance of November 26, 1895, s. 10 (T.)—Proclamation No. 5 of 1917 (T.)— Proclamation No. 3 of 1920, s. 3 (T.)-Interpretation Act, 1889, s. 38-Agricultural Holdings Act, 1908. Land registration—Covenant running with land—Covenant imposed for the benefit of German Government-British occupation of territory-Application for first registration of land—Whether government entitled to have German covenants registered in Land Register-Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (T.)—Land Registration Ordinance (Cap. 334), s. 24, s. 115 (T.)—Land Registry Ordinance, (Cap 116) s. 5, s. 7 (T.)—Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2 (1), (2) and (3), s. 3 (T.)—Peace and Order Ordinance, 1920 (T.)—Ordinance of September 1, 1891 as amended by Ordinance of September 15, 1891 (T)-Ordinance of November 26, 1895, s. 10 (T.)—Proclamation No. 5 of 1917 (T.)—Proc- lamation No. 3 of 1920, s. 3 (T.)—Interpretation Act, 1889, s. 38— Agricultural Holdings Act, 1908
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21 May 1960 |
