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Citation
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Judgment date
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| January 1940 |
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Criminal Procedure—Sentence of imprisonment and order for police supervision&mdash. Necessity for confirmation
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1 January 1940 |
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Reported
Criminal Procedure — Prosecution witness recalled by Judge after close of defence case — Matter arising ex improviso — English Law — Indian Evidence Act, section 165
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1 January 1940 |
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Criminal law—Stock and Produce Theft (Levy of Fines) Ordinance, 1933, section 10—Unlawful possession of stock in a proclaimed area—Elements of offence. Accused was convicted on a charge which read as f3l1cws:-
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1 January 1940 |
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1 January 1940 |
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Reported
Criminal Law — Murder — Evidence — Corroboration of evidence of child of tender years — Antecedent corroboration
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1 January 1940 |
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Criminal Law and Procedure—Whether omissions of a magistrate to sign and/or date his judgment are curable defects—Whether section 188 of the Criminal Procedure Code applies where one magistrate has proceeded to conviction and a second inagistrate imposes sentence
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1 January 1940 |
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Criminal Procedure—Defence of lunacy—Special finding—Section 159 Criminal Procedure Code—Evidence necessat y
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1 January 1940 |
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Criminal Law—Rape--Corroboration—Gonorrhea as corroboration
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1 January 1940 |
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Reported
Crirrjinal Law — Manslaughter — Malice aforethought not established — Tanganyika Penal Code, section 189 — Death resulting from a beating with thin sticks
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1 January 1940 |
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Reported
Criminal Procedure — Evidence — Report to Police — Indian Evidence Act, section 157
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1 January 1940 |
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Criminal Law and Procedure—Section 10 of the Stock and Produce Theft Ordinance No. 18 of 1933—Onus of proof
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1 January 1940 |
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Reported
Criminal Procedure — Evidence — Confession made to District Officer — Whether confession taken by the District Officer in his capacity as an officer in charge of police investigation of a crime or in his magisterial capacity — Indian Evidence Act, section 25 —Tanganyika Police Ordinance, 1937— Observations on the necessity of corroboration of a confession of a co-accused which implicates others in so far as the confession is used against others
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1 January 1940 |
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Criminal Law—Criminal Procedure—Charge of receiving—Plea of guilty by the thief—Correct wording of a charge under section 295 (1) of the Penal Code
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1 January 1940 |
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Reported
Income Tax — Constitutional Law — Validity of Income Tax Ordinance, 1937 — Power of Kenya Legislative Council to enact for direct taxation — Laws necessary for the peace, order and good government of the Colony — British Settlements Act, 1887, sections 2 and 3 — Letters Patent of 11th September,1920, Article X
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1 January 1940 |
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Reported
Civil Procedure — Amendment of plaint — Costs — Amendment not relinquishing original cause of action pleaded but including a second, alternative or subsidiary cause of action the alleged facts of which had not come to plaintiffs’ knowledge until after institution of suit
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1 January 1940 |
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Reported
Negligence — Motor collision — Action by passenger against driver
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1 January 1940 |
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Action for possession of land—Jurisdiction of subordinate court—Real action- Courts Ordinance, 1931, section 18—Civil Procedure Ordinance, section 12- Land let for building in Mombasa—Arab parties—Fixtures--Conflict of laws—Whether Mohamedan Law or Transfer of Property Act applied- Applied act fitting the circumstances—Transfer of Property Act, 1882, sections 105, 106 and 108(h)—Kenya Order in Council, 1921, Article 11- Overholding—Whether right to compensation for disturbance
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1 January 1940 |
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Criminal Law—Appeal—Impossibility of deciphering, record of trial
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1 January 1940 |
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Custody of children—Application of father that child be taken from custody of mother—Procedure—Custody of Children Ordinance, 1926
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1 January 1940 |
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Reported
Bankruptcy — Proof of debt founded on a demand promissory note — Appeal from rejection of proof — Onus of proof of cause justifying rejection — Right to cross-examine debtor and to give evidence
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1 January 1940 |
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Criminal Law and Procedure—Plea of guilty—Admission of possession merely in answer to a charge of receiving or retaining stolen property contra section 295 • Penal Code—Method of entering pleas of native accused—The word "guilty" by itself in such cases not enough
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1 January 1940 |
