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Citation
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Judgment date
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| January 1939 |
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Building contract—Special clause appointing architect as sole arbiter to assess and settle all matters in dispute—Dispute as to extras and variations—Architect's certificate—Function of architect qur arbiter—Whether formal submission and award necessary- Whether architect's certificate conclusive—Civil Procedure Code, 1882, section 34—Parties—Preliminary objection on ground of non-joinder of an essential party—Time for such objection
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1 January 1939 |
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Option agreement—Sale—Power of sale—Option to take over certain mining interests for flotation sale or disposal in such other manner as the grantee of the option may in his discretion think best, the consideration for such disposal to be apportioned as to 30 per cent thereof to the grantor and as to 70 per cent thereof to the grantee of the option—Sale to company controlled by grantee of the option—Whether any implication of fiduciary relation
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1 January 1939 |
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Income Tax—Company in liquidation carrying on no business during the year of assessment—Liability of Company—Liability, of Liquidator—Nyasaland Income Tax Ordinance, Chapter 49, sections 5, 6 and 7—Companies Consolidation Act, 1908, section 206
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1 January 1939 |
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Revenue—Stamp Duty—Impounding of unstamped documents executed outside the Protectorate—Penalty-----Discretion of Revenue Authority—Uganda Stamp Ordinance (Cap. 161), sections 16, 17, 33, 35 (a), 38 (2), 40 (1) (b), 45
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1 January 1939 |
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Leave to appeal to the Privy Council—Notification of intention to apply for leave to enter and prosecute the appeal in /or,na pauperis—Conditions of leave to appeal—Eastern Africab (Appeal to Privy Council) Order in Council, 1921, Articles 3 and 6
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1 January 1939 |
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Plead i ng—Li mitation—Amendment of pleading—Suit on foreign judgment—Kenya Limitation Ordinance, 1934, secs. 3, 5, 40, 41
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1 January 1939 |
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Bankruptcy—Time for filing appeal—Conflict of laws—Bankruptcy Rules, 1915, Rule 130—Eastern African Court of Appeal Rules, 1925, Rule 8
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1 January 1939 |
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Contract not to be performed within a year—Contract of service-Absence of memorandum under section 4 Statute of Frauds- Implied contract for remuneration of services actually rendered. The facts appear sufficiently from the judgment
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1 January 1939 |
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Costs—Liquor Ordinance, 1934, section 66—Costs incurred by members of Licensing Court in legal proceedings—Defence conducted by Legal Department on behalf of the Licensing Court
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1 January 1939 |
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Concurrent jurisdiction of High Court and Lukiko Court of Buganda—Breach of contract to lend money—General damages—Special damages—Pleading—Uganda Order in Council, 1902, Article 15 (1)—Uganda Courts Oidinance (Cap 39), section 24—Native Courts in Buganda Proclamation Clause 1 (a) A
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1 January 1939 |
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Effect of bankruptcy on antecedent transactions—Execution of judgment for more than four hundred shillings—Bankruptcy Ordinance, 1930 (Kenya), section 43 (2)
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1 January 1939 |
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Bankruptcy—Private examination—Issue of summons—Uganda Bankruptcy Ordinance, Cap. 12, sections 27, 78 (3)—Bankruptcy Rules, Rule 74
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1 January 1939 |
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Partition Act, 1868, section 4—Sale in lieu of partition—Right of owner of one moiety—Onus of proof of good reason against sale
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1 January 1939 |
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(Appeal from decision of H.M. Sopreme Court of Kenya) Criminal law—M urdel—Manslaughter—lnsanity--.---Insane delusion- Provocation—Kenya Penal Code, sections 191 and 192
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1 January 1939 |
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Criminal law—Mufder—Manslaughter—Intent to cause grievous harm
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1 January 1939 |
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Criminal law—Murder—Manslaughter—Malice—intent to cause griev- ous harm—Infirmity of deceased
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1 January 1939 |
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Criminal law—Collectionsfr.om natives—Native Authority Ordinance (Kenya), 1937, sec. 8 (n)—Powers of headman—"Regulating"- Plea of guilty
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1 January 1939 |
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(Appeal from decision of H.M. High Court of Uganda) Criminal law—Murder—Malice aforethought—Death caused during commission of felony involving violence—Uganda Penal Code, section 196 (c)—Circumstantial evidence
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1 January 1939 |
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Criminal law—Murder --- Manslaughter—Provocation—Whether mere abuse can amount to provocation
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1 January 1939 |
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Murder—Manslaughter—Provocation
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1 January 1939 |
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(Appeal from decision of H.M. High Court of Uganda) Criminal Law—Murder—Common intention—Conspiracy—Tanga- nyika Penal Code, section 22
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1 January 1939 |
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Murder—Recent possession—Nexus between stock theft and murder
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1 January 1939 |
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Criminal Procedure - Murder - Charge - Information - Duplicity—Murder of three, persons charged in one count—No failure of justice—Trial validity—Tanganyika Criminal Procedure Code, sections 132 and 335
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1 January 1939 |
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Criminal law—Evidence—Hearsay—Dying statement—Non-direction
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1 January 1939 |
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Criminal law—Murder—Proof of killing—Identification of corpus, delicti—Circumstantial. evidence
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1 January 1939 |
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(Appeal from decision of H.M. Supreme Court of Kenya) Criminal Law and Procedure—Evidence—Impropriety of bringing accused persons before a baraza of native elders during police investigation—Subsequent confession to District Commissioner after due warning and caution
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1 January 1939 |
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Criminal law—Murder—Pr'ovocation—Witchcraft
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1 January 1939 |
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Criminal law and procedure—Admission by accused at preliminary inquiry—Insufficient evidence at close of Crown -case to justify committal for trial—Defence----Trial—Jncjictment__Crimjnal Pro- cedure -Code (Tanganyika) secs. 196A, 213, 228 and 233
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1 January 1939 |
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Criminal law—Murder—Manslaughter—Provocation
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1 January 1939 |
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Criminal Law—Murder—Insanity
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1 January 1939 |
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Criminal Law—Evidence—Corroboration—Indian Evidence Act, section 157
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1 January 1939 |
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Criminal law—Second Appeal—Receiving property knowing it to have been stolen—Guilty knowledge—Mens rea—Reasonable doubt- Accomplice—Evidence of thief—Corroboration—Penal Code (Tanganyika), section 295 (1)
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1 January 1939 |
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Criminal Procedure—Appeal—Appellant becoming of unsound mind-Adjournment sine die
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1 January 1939 |
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Criminal Law—Evidence--Confession made in presence of Sub- Inspector of Police—Retracted confession—Uganda Evidence Ordinance, section 24
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1 January 1939 |
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Criminal Procedure—Trial—Nullity—Absence of assessors—Criminal Procedure Code, Uganda, section 265
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1 January 1939 |
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Evidence—Admissibility of sketch plan
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1 January 1939 |
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Criminal Law—Murder--Evidence—Proof of innocent explanation- Discrepancies in evidence—Evidence of Asiatics and Natives- Assessors' opinions—Desirability of sketch plan—indian Evidence Act, section 114
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1 January 1939 |
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Criminal law—Leave to appeal to the Privy Council—Eastern African (Appeal to Privy Council) Order in Council, 1921, Article 3 b
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1 January 1939 |
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Criminal Law—Direction as to failure to disclose alibi before trial
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1 January 1939 |
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(Appeal from decision of H.M. High Court of Nyasaland) Criminal law—Murder—Retraction of confession—Common intention —Parties to offences—Principal offenders. Appellants appealed from convictions of murder
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1 January 1939 |
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Criminal Law—Murder—Manslaughter—Provocation----Kenya Penal Code, section 199—Reasonable doubt
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1 January 1939 |
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Right of appeal from conviction by a subordinate court pursuant to a direction of Supreme Court of Kenya on a case stated- Criminal Procedure Code (Kenya), sections 333, 346, 353, 35J and 360
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1 January 1939 |
