Results.
2,758 judgments found.
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| May 1960 |
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Bill of Exchange—Requirements of form-Document in the form of a promissory note omitting "promise” or undertaking to pay-Whether a promissory note— Indorsement-Plaintiff suing as holders in due course-Allegation that plaintiffs took note in bad faith—Whether plaintiffs were holders in due course— Bill of Exchange Ordinance (Cap. 217), s. 55 and 83 (1) (U
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20 May 1960 |
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Land registration—Application for vesting order—Agreement to transfer land to trustees-Transfer executed by grantor and trustees but not registered— Application by trustees after death of grantor for vesting order-Registration of Titles Ordinance (Cap. 123) s. 175 (U.)
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20 May 1960 |
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Practice-Adjournment-Application for adjournment of trial -No explanation given for absence of plaintiff—Whether application for adjournment should be granted Civil Procedure Rules, O. 15, r. 1 (U.)
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17 May 1960 |
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Jurisdiction—Revision—Civil action in district court-Judgment entered by magistrate for defendant by consent before trial-Consent given under mistake of fact-Order by same magistrate setting aside consent decree owing to mistake—Whether High Court has power to revise interlocutory order of magistrate—Subordinate Courts Ordinance (Cap. 3), s. 10 (T.)— Indian Code of Civil Procedure, 1908, s. 115, s. 151
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12 May 1960 |
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Trust and trustee-Trust for charity-General charitable intention including benefit to community—Exemption from income tax—Application for variation of trust deed-Scheme to avoid liability to income tax-No impossibility of attainment of any object of trust-Cy près doctrine-East African Income Tax (Management) Act, 1958, First Schedule, para. 29
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12 May 1960 |
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Costs Further security-Application for additional security less than a month before the date fixed for the hearing appeal—Burden of proof that further security should be ordered—Effect of delay in making application—Eastern African Court of Appeal Rules, 1954 r. 6 (2), r. 19 (3) and r. 60—English Rules of the Supreme Court, 1883, O. LVIII, r. 9 (5)
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6 May 1960 |
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Execution Attachment Objector alleging property previously sold to him— Application for release—No evidence that objector had taken possession of property- Civil Procedure Rules O. 19, r. 55 (U.)
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5 May 1960 |
| April 1960 |
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Work and labour-Repairs to motor vehicle—Quotation for repairs given— Claim in excess of quotation—Vehicle unsatisfactory after alleged repairs done-Duty to exercise reasonable care and skill
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30 April 1960 |
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Practice-Service of summons—Defendant in India-Service on defendant's wife—No duplicate of summons delivered or tendered—Whether service bad -Civil Procedure Rules, O. 9, r. 3, O. 5, r. 9 and r. 14 (U.)
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28 April 1960 |
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Criminal law-Robbery-Misdirection—Evidence that the accused flung a bottle picked up at the scene of the crime- Finding that whether the bottle was flung by the accused or by a companion is immaterial—Common design—Misdirection fatal to the conviction. Criminal law-Practice-Accused charged with robbery-Plea of guilty to theft C with denial of violence—Omission by magistrate to explain substance of charge and inform accused of his rights—Accused convicted—Whether irregularity fatal to conviction—Criminal Procedure Code (Cap. 20), s. 206 (1) (T.)—Criminal Procedure Code (Cap. 27), s. 209 (K.)
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26 April 1960 |
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Criminal law-Evidence—Admissibility of confession by co-accused against other co-accused-Accused charged with receiving stolen property on two different dates—Both offences arising out of a single transaction—Meaning of "the same offence"-Penal Code, s. 298 (1) (U.)—Evidence Ordinance (Cap. 9), s. 28 (U.)—Indian Evidence Act 1772, s. 30
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25 April 1960 |
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Jurisdiction—Native court-Action begun in High Court alleging negligence— Both parties Africans—Application for transfer of action to Principal Court of Buganda-Whether Principal Court has jurisdiction—Buganda Courts Ordinance (Cap. 77), s. 2, s. 7 and s. 9 (U.)
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25 April 1960 |
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Income Tax-Agricultural land—Assessable income—Deductions from income for capital expenditure-Expenditure on clearing and planting sisal allowed— Claim for expenditure on maintaining planted land-Whether deduction C allowable-The East African Income Tax (Management) Act, 1952, s. 14, s. 77, s. 98; The Second Schedule thereto, paras. 22, 29, 30, 33, and 39; The Fifth Schedule thereto-The Income Tax (Consolidation) Ordinance, 1950, s. 13 and the Second Schedule thereto, paras. 29 and 30 (T.)
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22 April 1960 |
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Immigration—Removal order—Appellant claiming to be adopted son of Kenya resident—Onus of proof of adoption—Whether statement that an adopted son is a “son” constitutes material misrepresentation—Defence (Admission of Women and Children) Regulations, 1940, Reg. 3 and item (c) of the Schedule thereto (K.)-Immigration (Control) Ordinance, 1947, s. 5 (K.)—Immigration Ordinance, 1956, s. 8 and s. 18 (K.)—Interpretation and General Provisions Ordinance, 1956, s. 3 (K.)—Indian Evidence Act, 1872, s. 106 as replaced by the Evidence Act (Amendment) Ordinance (Cap. 12), s. 3 (K.)
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22 April 1960 |
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Practice Appeal-Conclusion drawn from facts—Whether reasonableness of conclusion is a question of law or fact-Respondent charged with theft—One box substituted for another when in custody of respondent-Circumstantial evidence leading irresistibly to a conclusion of guilt—Penal Code, s. 274 (c) G and s. 275 (K.)
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21 April 1960 |
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Criminal law-Appeal-Summary rejection of appeal-Grounds of appeal in vague general terms-Jurisdiction to reject-Criminal Procedure Code (Cap. 27), s. 350 (2) and s. 352 (2) (K.)—Criminal Procedure Code (Amendment and Validation) Ordinance, 1955, s. 10 (K.)
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20 April 1960 |
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Appeal―Jurisdiction—Application for leave to appeal out of time—Order of Supreme Court refusing leave—Appeal against order of Supreme Court refusing to extend time for appeal-Whether appeal competent-Criminal Procedure Code, s. 347, s. 349, s. 360 and s. 378 (K.)
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20 April 1960 |
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Criminal law-Practice-Reading of depositions by judge before trial-Whether proper. Criminal law—Murder—Inadmissible confession—Judge aware of inadmissible confession-Whether judge uninfluenced by inadmissible confession when weighing evidence—Indian Evidence Act, 1872, s. 28 as amended by the Evidence (Amendment) Ordinance, 1959 (K.)
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19 April 1960 |
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Limitation of action—Debt-Claim against deceased's estate—Revival of debt— Acknowledgment-Whether a twelve-year period of limitation in art. 132 of Indian Limitation Act, 1908 applies to personal relief or only to relief against property mortgaged-Whether an entry of a time-barred debt in an estate duty affidavit constitutes a promise to pay so ́as to revive debt-Whether an unaccepted offer by administratrix to transfer plot of land in settlement of debt constitutes a promise to pay—Indian Contract Act, 1872, s. 25 (3)— Indian Limitation Act, 1908, s. 19, art. 132
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16 April 1960 |
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Criminal law-Sentence-Young person-Irregularity-Order for detention in reformatory school made by third class magistrate—Subordinate Courts Ordinance (Cap. 4), s. 6 (3) (U.)—Reformatory Schools Ordinance (Cap. 61), s. 5, s. 6 (1) and s. 8 (U.)—Subordinate Courts (Amendment) Ordinance, 1955 (U.)—Approved Schools Ordinance, 1951, s. 2 and s. 7 (U.)
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12 April 1960 |
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Attachment-Order for warrant of attachment before judgment to issue made by district court—Satisfaction of claim after entry by broker but before execution of warrant—Action in superior court for damages for abuse of process of court and trespass—No prior application to district court to set aside its warrant of attachment—Whether plaint discloses cause of action— Civil Procedure Rules, O. 36, r. 5 (U.)—Indian Code of Civil Procedure, s. 95 (1)—Civil Procedure Ordinance, s. 66, s. 83 and s. 101 (U.)
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7 April 1960 |
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Criminal law-Sentence—Alternative counts founded on the same act—Conviction on both counts with concurrent sentences of imprisonment—Whether conviction on two counts founded on the same act is lawful-Penal Code, s. 21, s. 211 and s. 222 (T.)—Criminal Procedure Code, s. 171 (T.)
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6 April 1960 |
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Street traffic-Permitting persons to sit on the roof of an omnibus—Permitting a public service vehicle to carry more than the licensed number of passengers-Driver and conductor in charge of the vehicle- Driver not aware of excess passengers— Meaning of words "permit" and "in charge"-Traffic Ordinance, s. 34 (e) (T.) -Traffic Rules, r. 35 (2) (i) (T.)
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6 April 1960 |
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Order Setting aside for re-hearing: Whether the judge can re-hear the application before the order is drawn up. When an order becomes effective-English Rules of the Supreme Court O. LIV, r. 6. Judgment-Order-Recall for re-hearing-Powers of court
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6 April 1960 |
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Practice Execution—Stay granted pending appeal, subject to execution of bond by surety. Bond by surety to Chief Justice and puisne judges—Whether decree-holder can execute against surety without assignment by the obligees under the bond—Civil Procedure Ordinance (Cap. 5), s. 92 (K.)—Civil Procedure (Revised) Rules, 1948, Appendix ‘E' (K.)
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5 April 1960 |
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Criminal law-Theft by servant—Accused a driver-salesman—Authority to sell employer's goods after signing for them—Goods sold without permission or signing delivery book—Proceeds kept by accused—Whether offence committed C -Penal Code, s. 245, s. 252, s. 258, s. 298 (1) (U.)—Criminal Procedure Code, s. 337 (U.)—Criminal Appeal Act, 1907, s. 4 (1)
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4 April 1960 |
| March 1960 |
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Court of Appeal-Powers-Magistrate's criticism of advocate's conduct— Application to expunge parts of judgment—Whether appellate court has power to order that parts of judgment of lower court be expunged. Advocate-Duty-Conduct of litigation—Duty to client and court
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16 March 1960 |
| December 1959 |
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Criminal law-Murder—Misdirection and non-direction—Ambiguous dying declarations—No direction as to absence of opportunity for cross-examination of statements-Reference in judgment to depositions which were not put in evidence—Evidence Ordinance (Cap. 9), s. 30 (U.)
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30 December 1959 |
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Criminal law—Evidence—Admissibility—Deposition—Deponent not available to give evidence at trial—Admissibility of deposition-Whether deposition is included in the words "testimony of a witness" in Evidence Ordinance (Cap. 9), s. 155 (U.)
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30 December 1959 |
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Criminal law-Practice-Irregularity—Neither complaint nor charge sheet signed by magistrate—Summons signed by magistrate with copy of charges annexed thereto served on accused—Whether irregularity is fatal to conviction-Criminal Procedure Code (Cap. 27), s. 89 (3), s. 89 (4) and s. 381 (K.)
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22 December 1959 |
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Building contract-Contract specifying the amount for labour but subject to final check of measurement of building area—Whether the contract is an entire contract or a lump sum contract—Whether cause of action accrues before the final check of the measurement. Building contract—Alleged defective work—Onus of proof-Completion required within a certain date—Additional work ordered later-Waiver—Indian Contract Act, 1872, s. 63
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18 December 1959 |
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Practice-Review-Application for summary judgment attendance of defendants- Judgment entered- Judgment set aside by magistrate exercising powers of review under O. 44-Civil Procedure Ordinance (Cap. 5), s. 80 and s. 81 (1) (K.)—Civil Procedure (Revised) Rules, 1948, O. IX r. 10 and r. 24, O. XXXV, O. XLIV r. 1 (K.)—Indian Code of Civil Procedure, 1908, s. 114, O. 47, r. 1
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18 December 1959 |
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Criminal law-Murder—Trial—Assessors—Accused not asked if he objected to any assessor-Whether opportunity to object should be given
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17 December 1959 |
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Contract-Unenforceable transaction—Credit to an African—Claim by building contractor for work done and materials supplied. Whether work done constituted “services of a professional nature” — Credit to Natives (Restriction) Ordinance (Cap. 75) (T.)
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15 December 1959 |
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Mohamedan law-Wakf—Adopted daughters and their issue named as bene- ficiaries Whether words “divided” and “take" constitute absolute gifts of income-No specific mention that income was for maintenance and support of beneficiaries—Illusory nature of gift to religion and charity—Whether court has jurisdiction to declare wakf void ab initio or order wakf property to revert to settlor's estate—Whether adopted child included in the word “family” in s. 4 (1) (a) of Wakf Commissioners Ordinance, 1951—Meaning of "either wholly or partly”—Wakf Commissioners Ordinance, 1951, 3 (1), s. 4, s. 4 (1) (a), s. 13, s. 16, s. 18, and s. 21 (K.)—Mussalman Wakf Validating Act of India, 1913, s. 3. S. Evidence-Wakf—No specific mention in deed that gift of income was for maintenance and support of beneficiaries—Whether extraneous evidence admissible to prove intention of settlor—Indian Evidence Act, 1872, s. 91. Judgment-Judicial decision as authority—When a decision is per incuriam
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10 December 1959 |
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Criminal Law-Murder-Misdirection—Provocation—Burden of proof-Intent -Penal Code s.202 (T.)
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10 December 1959 |
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Discovery-Interrogatories-Action against many defendants-Failure to state which defendants required to answer interrogatories-Whether all defendants would answer all interrogatories, costs likely to be saved-Whether the procedure adopted was reasonable-Discretion of judge-Civil Procedure (Revised) Rules, 1948, O. X, r. 1, r. 2 and r. 3 (K.)
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9 December 1959 |
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purchase-Amount of compensation-Existence of railway line in vicinity of land acquired-Re-alignment of railway line in prospect-No evidence produced by objectors to challenge Collector's award—Burden of proving award incorrect—Indian Land Acquisition Act, 1894, s. 18, s. 23, s. 24, s. 26 (2)—Civil Procedure Ordinance, s. 2, s. 66 and s. 75 (K.). Practice-Compulsory purchase—Appeal—Whether award of court on reference、 by Collector is a decree or order—Whether leave to appeal from award necessary-Indian Land Acquisition (Amendment) Act, 1921-Civil Procedure (Revised) Rules, 1948, O. XLII, r. 1 (K.)
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9 December 1959 |
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Street traffic-Public service vehicle—Joint owners -Evidence of ownership— Traffic Ordinance, 1953, s. 106 (K.). Street traffic-Public service vehicle-Order of prohibition issued by inspector of vehicles-Condition of vehicle dangerous-Vehicle used on road —Owner charged with permitting use and using—Scienter-When offence absolute— Traffic Ordinance, 1953, s. 2, s. 52 (1), s. 55 (1), s. 92, s. 103, s. 106 (K.)— Transport Licensing Ordinance (Cap. 237), s. 21 (K.)—Indian Evidence Act, 1872, s. 105
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4 December 1959 |
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Mohamedan law—Divorce—Divorce by “Khoola”—Onus of proof of divorce– Non-registration of divorce-Jurisdiction of Cadi's Court-Mohamedan Marriage and Registration Ordinance (Cap. 147), s. 9 and s. 24 (K.)— Civil Procedure (Revised) Rules, 1948, O. XVII, r. 6 (K.)
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3 December 1959 |
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Landlord and tenant-Crown lease containing terms that the building should be erected by a specified time—Whether term is a covenant or condition—Whether the court can grant relief against forfeiture-Crown Lands Ordinance (Cap. 155), s. 3, s. 5, s. 14, s. 15, s. 16, s. 17, s. 21, s. 36, s. 37, s. 38, s. 39, s. 47, s. 63, s. 64, s. 76, s. 77, s. 83, s. 84, s. 86, s. 157 (K.)—Registration of Titles Ordinance (Cap. 160), s. 1 (2), s. 2, s. 20, s. 21 (K.)—Crown Lands Ordinance, 1902, s. 12, s. 13, s. 14, s. 15, s. 16, s. 18 (K.)—Conveyancing Act, 1881, s. 14
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1 December 1959 |
| November 1959 |
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Audience Crown counsel-Crown counsel appearing for African chief sued in personal capacity-Whether Crown counsel has right of audience—Whether attorney-general can represent private litigant—Civil Procedure (Revised) Rules, 1948, O. III, r. 1 (K.)—Advocates Ordinance, 1949, s. 2 and s. 3 (K.) -Eastern African Court of Appeal Rules, 1954, r. 2 (1), r. 16 (1), r. 16 (6), r. 54 (3) and r. 12—Eastern African Court of Appeal Order-in-Council, G 1950, s. 18 (2) Eastern African Court of Appeal (Amendment) Rules, 1956, r. 7
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30 November 1959 |
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Criminal law-Special Districts (Administration) Ordinance—Accused charged with entering or remaining in a special district without a permit contrary to s. 17 (1) of Ordinance—Accused born at Wajir, resident at Isiolo and arrested at Marsabit—All towns situate in Northern Frontier District—Whether accused a "tribesman" within the meaning of Ordinance—Special Districts (Administration) Ordinance, s. 4, s. 15 and s. 17 (K.)
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30 November 1959 |
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Street traffic-Causing death by an obstruction—Whether proof required that obstruction was the only substantial cause of death—Whether liability absolute or only if negligence proved-Traffic Ordinance, 1953, s. 44A (K.)
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30 November 1959 |
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Coroner Order for issue of warrant of arrest—Verdict of accidental death at inquest—Application to set aside warrant of arrest—Whether High Court should interfere to set aside warrant of arrest—Inquests Ordinance (Cap. 24), s. 23 and s. 28 (T.)
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27 November 1959 |
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Criminal law-Corruption—Search warrant endorsed for execution by one police inspector but executed by another—Car radio seized different from that authorized by the search warrant-Bribe offered to release the radio seized—Whether offense committed—Prevention of Corruption Ordinance, 1956, s. 3. (2) (K.)
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27 November 1959 |
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Practice Counter-claim—Defendant admitting claim but pleading counter-claim -Whether court should enter judgment on claim before hearing counter-claim -Civil Procedure Rules, O. 12, r. 6 (T.). Hire-purchase-Agreement by hirer to sell his interest in hired vehicle before aggregate of instalments paid—Whether such agreement void ab initio or executory pending consent of owner of vehicle—Indian Contract Act, 1872, s. 20, s. 56
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26 November 1959 |
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Criminal law-Murder-Misdirection—Intoxication—Incapacity to form specific intent-Burden of proof
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25 November 1959 |
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Costs Instruction fee-Whether taxing officer has discretion to allow sum lower than scale fee-Advocates' (Remuneration and Taxation of Costs) Rules, 1959, Schedule VI, Proviso (1) (U.)
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25 November 1959 |
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Criminal law-Autrefois acquit—Charge dismissed through complainant's failure to attend court—Fresh summons issued at instigation of complainant—Plea of autrefois acquit to second summons—Charge dismissed—Whether case stated is complainant's proper course to test validity of plea—Criminal Procedure Code (Cap. 27), s. 87 (a), s. 200, s. 204 (K.)
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25 November 1959 |
