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Citation
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Judgment date
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| January 1938 |
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Title to land—Registered land—Certificate of ownership—Easement —Prescription—Proof of title—Evidence—Limitation Ordinance, 1934, sec. 41—Land Titles Ordinance, Cap. 143—Registration of Titles Ordinance, Cap. 142
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1 January 1938 |
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Sale—.Warranty of title—Sale by apparent owner—Definition of 'seller"—Sale of Goods Ordinance, 1930, secs. 2 (1), 23 and 26 (2)
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1 January 1938 |
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Money lending—Memorandum of Contract—Date of loan—Expres- sion of rate of interest—Limitation—Acknowledgment of liability and undertaking to "try our best to liquidate the loan" whether sufficient undertaking to repay—Moneylenders Ordinance, 1932, sections 10 (2) and 17 (1)
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1 January 1938 |
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Practice—Civil Procedure—Motion for judgment—Affidavits--Civil Procedure Rules Order XXXIII—Whether plaintiff canfile sub- sequent affidavit to cure defect in previous one—Triable issue- Unconditional leave to defend
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1 January 1938 |
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Distress—Receiver for the Debenture Holders appointed after distress —Claim by Receiver for goods alleged to be distrained—Right of Receiver to sue in his own name
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1 January 1938 |
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(Appeal from decision of Webb, J. (Kenya)). Pleading—Practice—Plaint—Civil Procedure Rules, O.VI rr. 27, 28 and 29
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1 January 1938 |
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Appeal from decision of Thacker, J. (Kenya). Marriage—Nullity of Marriage—Delay in suing—Acquiescence— Strict proof of non-consummation
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1 January 1938 |
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(Appeal from decision of Francis, J. (Uganda)) Passing-off—Trade Mark—Injunction
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1 January 1938 |
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Appeal from decision of Johnston, Ag. J. (Uganda)
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1 January 1938 |
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Principal and agent—Indemnity--Indefinite instructions by principal- Discretion of agent—Authority of agent—Indent on manufac- turer for very urgent shipment of various goods subject to accep- tance by manufacturer—Agent appointed to confirm the indent and accept and, pay for the goods indented for—Acceptance by agent of less gbods than those indented for owing to manufac- turer's inability to supply all the goods—Payment by agent- Delivery refused by principal—Action for money paid—Indian Contract Act, section 222
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1 January 1938 |
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Appeal from decision of Dalton, C.J. (Tanganyika). Application for leave to defend—Indian Civil Procedure Rules, 1908, O.XXXVII—Leave to defend—Triable issue
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1 January 1938 |
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Appeal from decision of Theeman, Ag. J. (Tanganyika)
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1 January 1938 |
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Practice—Application by an Administrator for release—originating Summons—Order XXXIV, Rules I and 2
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1 January 1938 |
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Bankruptcy Notice—Validity—Misstatement of amount actually due —Set off for costs—"Judgment", Bankruptcy Ordinance, 1930, section 4
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1 January 1938 |
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Bankruptcy—Conditional discharge
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1 January 1938 |
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Advocate—Unprofessional conduct--Rules of Court (Legal Prac- titioners) 1926, Rule 7 (1)
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1 January 1938 |
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Limitation—Foreign judgment—Limitation Ordinance, 1934, secs. 3 and 41—Civil Procedure Ordinance, 1924, sec. 2—Indian Limita-, tion Act, 1877, Art. 117
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1 January 1938 |
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Mortgage—Chattels mortgage—Power of Sale—Land and Agricultural Bank Ordinance, 1930 (Auction sale under section 45A)—Notice of sale—"Subsequent mortgagees"—Leave to bid—Powers of Land and Agricultural Bank of Kenya—Chattels Transfer Ordin- ance, 1930, section 29—Whether fiduciary relation
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1 January 1938 |
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Right of appeal—Native Tribunals Ordinance, 1930, section 34- Appeal from decision of Provincial Commissioner—Civil . Proj cedure Ordinance, 1924, section 65 (1)
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1 January 1938 |
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Res judicata—Decision of Native Tribunal—Civil Procedure Ordin- ance, .1924, section 7
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1 January 1938 |
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Application for leave to appeal out of time
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1 January 1938 |
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Mining Ordinance, 1933—Mining (Amendment) Ordinance 1934- Accident—Inquiry by Magistrate—Section 85—Compensation-- Assessment by magistrate—Section 86 (2)—"Permanent incapaci- tation"—Costs
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1 January 1938 |
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(Appeal from decision of Gamble, J. (Uganda)). Appeal—Finding of fact
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1 January 1938 |
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Civil Procedure—Garnishee—Trial of issue—Assignment of decree during pendency of execution proceedings—Parties—Practice- Continuance of proceedings or suit—Right to appear—Absence of party—Definition of suit—Civil Procedure Ordinance, secs. 2 (23), 34 and 38—Civil Procedure Rules, 0. JX, r. 19, 0. XIX, r. 13, 0. XX, r. 4, 0. XXI, rr. 9 and 12
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1 January 1938 |
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Moneylenders Ordinance, 1932, section 10 (1)—Delivery of copy of memorandum of the contract
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1 January 1938 |
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Appeal from decision of Webb, J. (Kenya)
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1 January 1938 |
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Appeal from decision of McRoberts, J. (Tanganyika)
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1 January 1938 |
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Bankruptcy—Creditors' petition—Act of bankruptcy committed through agent—Agent's authority—Substituted service—Bank- ruptcy Ordinance, sections 3 (1) (h) and 3 (2)—Bankruptcy Rules, Rule 117
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1 January 1938 |
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(Appeal from decision of H.M. Consul General’s Court of Abyssinia at Addis Ababa). Bankruptcy—Proof of debt—Contract—Foreign Bankruptcy or Insolvency—Lex loci contractus—Conflict of laws
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1 January 1938 |
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Appeal from decision of Wilson, J. (Tanganyika). Attachment of immovable property—Execution completed by seizure: —Liquidation—Companies Ordinance (Tanganyika), secs. 173, 176 and 263 (2)
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1 January 1938 |
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Master and servant—Negligence of servant—Liability of hirer of motor lorry for negligence of driver
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1 January 1938 |
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1 January 1938 |
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1 January 1938 |
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Mandamus—Liquor Ordinance 1934, sections 29 and 33—Res Judicata —Previous decision of Supreme Court between the same parties —Pendency of appeal
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1 January 1938 |
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1 January 1938 |
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Bankruptcy—Scheme of Composition—Approval of Court—Wishes of • Creditors—Official Receiver's Repo rt—In te rests of minority of creditors—Creditor relatives—Bankruptcy Ordinance—Improper conduct—Failure to keep proper books of account—Failure to account
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1 January 1938 |
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Bankruptcy—Application de novo for discharge after a previous application for discharge had been absolutely refused—Bank- ruptcy Ordinance, 1930, section 100. The facts appear sufficiently from the judgment
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1 January 1938 |
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(From H.M. High Court of Tanganyika) Murder—Evidence—Dying declaration—Res gestce—Circumstantial evidence-^-Corroboration
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1 January 1938 |
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Corporal punishment—Sentence—Jurisdiction of Subordinate Court of third class—Criminal Law—Criminal Procedure Code, section 10 (3)—rPenal Code, sections 27 (3), 32 and 33
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1 January 1938 |
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Criminal Law—Right of appeal—Confirmation—Whether order on confirmation bars right of appeal—Criminal Procedure Code, sections 11, 333 and 340
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1 January 1938 |
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Appeals from convictions by H.M. High Court of Tanganyika. Criminal law—Evidence—Accomplice—Extra judicial confession— Proof that confession was voluntary—Corroboration—Accessory* after the fact
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1 January 1938 |
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Appeal from conviction by H.M. High Court of Uganda. Criminal Law—Evidence Ordinance (Laws of Uganda), Cap. 68, sec. 24—Confession to a Chief
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1 January 1938 |
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(From H.M. High Court of Tanganyika) Murder—Extended jurisdiction—Revision—Retrial—Appeal—Order detrimental to accused—Criminal Procedure Code (Tanganyika), secs. 12 (3), 16, 17, 18, 317.(From H.M. High Court of Tanganyika) Murder—Extended jurisdiction—Revision—Retrial—Appeal—Order detrimental to accused—Criminal Procedure Code (Tanganyika), secs. 12 (3), 16, 17, 18, 317
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1 January 1938 |
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(Appeal from decision of 1st Class Subordinate Court of Mwanza, Tanganyika) Criminal Law—Absence of prosecutor—Validity of trial
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1 January 1938 |
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Appeal from conviction by H.M. High Court of Uganda. Criminal Law—Misdirection—Conviction affirmed in spite of mis- direction. Appellant appealed from a conviction of conspiracy to obtain money by false pretences. The learned trial Judge misdirected him- self as to the effect of the evidence on one serious question and on other points of minor importance
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1 January 1938 |
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Evidence—Dying declaration—Circumstantial evidence—Murder— Corroboration
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1 January 1938 |
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Evidence—Deposition—Witness—Confession to police—Forgery-— Signature per pro—Indian Evidence Act, section 25—Criminal Procedure Code (Tanganyika), sec. 265—Penal Code (Tanganyika), Chapter XXXIV
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1 January 1938 |
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Creating disturbance so as to be annoyance to residents or passengers —Nairobi Municipality By-laws, 1929, By-law 565 (10)—Ultra Vires—Uncertainty
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1 January 1938 |
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Criminal Law—African private school—Closure order—Education • Ordinance, 1931, sec. 34—Service of closure order—Alteration of premises
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1 January 1938 |
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Appeal from conviction by H.M. Supreme Court of Kenya
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1 January 1938 |
