Results.
91 judgments found.
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| January 1948 |
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Criminal Law — Murder — Evidence — Uncorroborated retracted confession- Voluntary extra-judicial statement of Appellant to Magistrate — Improper questions by Magistrate eliciting incriminating replies — Effect on voluntary nature of statement
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1 January 1948 |
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Criminal Law — Procedure — Plea of "not guilty" — Accused requesting to make statement before case for prosecution closed — Application of section 209, Criminal Procedure Code
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1 January 1948 |
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Criminal Law — Manslaughter — Chain of causation — Criminal Responsibility — Sentence
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1 January 1948 |
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Criminal law — Murder — Provocation —Tanganyika Penal Code, sections 201 and 202
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1 January 1948 |
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Criminal Procedure and Practice — Second Appeal — Application for leave to appeal out of time — Delay caused by ignorance of law -Appeal from summary dismissal under section 317 (1) Tanganyika Criminal Procedure Code — No matter of law arising — No right of appeal
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1 January 1948 |
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Defence Regulations — The Defence (Possession of Industrial Alcohol) Regulations, 1945, regulation 3 — Indian Evidence Act, section 133 — Conviction on uncorroborated evidence of accomplice — Whether justified by exceptional circumstances
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1 January 1948 |
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Criminal Law — Unlawfully buying raw gold — (Tanganyika) Gold Trading Ordinance (Cap. 104), section 5 (1) — "Evidence Accomplice— Police Trap — Corroboration—Observations of the Court of Appeal— Sentence
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1 January 1948 |
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Criminal Law — Murder—Uncorroborated retracted confession —Truth of confession — Statutory caution by Magistrate, Tanganyika Criminal Procedure Code, section 223 — Right to reserve defence
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1 January 1948 |
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Criminal Law — Murder — Extra-judicial confession of accused to wife by nativelaw and custom—Whether privileged under section 122, Indian Evidence Act. Delay of witnesses of extra-judicial confession in raising alarm or volunteering information — Credibility — Duty of trial Judge
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1 January 1948 |
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Criminal Law — Receiving stolen property — Penal Code, section 315 (1) — Raincoat found in possession of appellant more than twp years after theft- Name of owner still inside collar of coat — Coat valued at Sh. 400- Defence that appellant purchased coat recently from second.hand dealer for Sh. 40
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1 January 1948 |
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Criminal law — Liquor Ordinance, 1934 — Unlawful possession of liquor, section 41 (2) — Selling liquor without a licence, section 44 — Inference that sale took place, section 47 (1) — Factors establishing prima facie evidence of sale, section 48 — Onus of proof
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1 January 1948 |
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Criminal Law — Murder — Common intent — Criminal Procedure —Evidence — Confessions of accused taken by District Officer —Whether in his capacity as an officer in charge of police investigation of a crime or in his magisterial capacity — Admissibility — Retracted confession — Corroboration: — Statements of accused at Preliminary Inquiry amounting to confessions of guilt
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1 January 1948 |
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Criminal law — Extra judicial confession
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1 January 1948 |
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Criminal Law — Murder — Evidence — Insanity of accused — Burden of proof
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1 January 1948 |
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Criminal Law — Murder— Secret Killing — Defence of Provocation —Credibility — Reasonable possibility of provocation — How Jury should discharge duty of giving accused benefit of the doubt
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1 January 1948 |
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Criminal Law — Defence (Control of Distribution and Rationing of Foodstuffs) Regulations, 1944, regulation 22 (1) — Trial — Identification of accused by one witness — Whether sufficient to convict — Possibility of genuine mistake
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1 January 1948 |
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Criminal Law — Murder — Refusal of sexual intercourse —Provocation
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1 January 1948 |
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Criminal law—Section 13 (2) Increase of Rent and Mortgage Interest (Restrictions) Ordinance, 1940—Whether grant or assignment of a tenancy
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1 January 1948 |
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Criminal Procedure (Uganda) — During hearing of Appeal to High Court Judge orders Magistrate to take further evidence—Appeal against order — No appeal to Court of Appeal for Eastern Africa —Uganda Criminal Procedure Code, sections 314, 315 and 320 —Decision of High Court — East African Court of Appeal Rules, 1925, rule 22 — Uganda Civil Procedure Ordinance, section 75
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1 January 1948 |
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Criminal Law — Murder — Defence of insanity — Finding of insane delusion as to existing facts but otherwise sane — Uncontrollable impulse — Observation on absence of proper examination by medical officer
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1 January 1948 |
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Criminal Law — Practice Recording evidence — Use of the word "they"
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1 January 1948 |
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Criminal Procedure Code, section 142 — Proof of previous convictions in absence of accused
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1 January 1948 |
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Criminal Law — Assault causing actual bodily harm — Penal Code, section 245 — Sentence of fine and imprisonment — No order for compensation — Appeal against sentence Practice
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1 January 1948 |
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Criminal Law — Accused charged, with theft, Penal Code, section 269 — Convicted of obtaining goods by false pretences, Penal Code, section 306 — Misrepresentation a necessary element — What amounts to false pretences — Obtaining credit by false pretences, Penal Code, section 309 (1) — Necessary elements to constitute offence — Criminal Procedure — When offence proved is included in offence charged — Sections 179 and 190, Criminal Procedure Code
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1 January 1948 |
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Criminal Law — Perjury — Penal Code, Section 104 — Denial of accuracy of statement to police officer — Statement recorded as a joint statement of two persons — Practice — Court calling witness after close of defence — Incurable irregularity — Criminal Procedure Code, sections 150 and 381
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1 January 1948 |
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Criminal Law — Murder — Evidence — Statements made by co-accused implicating co-accused — Corroboration — Accessory after, the fact — Practice — Witness’s use of plural — Evidence of wife —Observations of Court
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1 January 1948 |
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Criminal Law — Appellant charged with theft contrary to section 269, Penal Code — Convicted of theft contrary to section 274, Penal Code — Incorrect conviction — Criminal Procedure — Accessory after the fact — Whether an accomplice — Whether corroboration of his evidence required — Sentence
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1 January 1948 |
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Criminal Procedure and Practice — Trial with Assessors — Assessors and Judge coming to different conclusions — Opinions of Assessors not discussed in the judgment — Not advisable practice
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1 January 1948 |
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Criminal Law — Theft of a bicycle — Penal Code, section 269 indentification parade — No evidence by police officer concerning the holding of parade — Sentence
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1 January 1948 |
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Criminal law — Storing, without the permission in writing of the Price Controller, goods in premises other than the premises in which business is carried on — Defence (Control of Prices) ,Regulations, 1945, regulation 13 (1) — What must be proved before conviction can be had — Practice — Defective charge
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1 January 1948 |
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Criminal Law — Diamond Industry Protection Ordinance, 1928, section 3 (1) — Trap set for employee by employer — Observations of Court of Appeal — Sentence
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1 January 1948 |
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Criminal Law — Murder — Criminal Procedure — Evidence —Tanganyika Criminal Procedure Code, section 242 — Failure to give three days’ notice of trial — Irregularity that may be cured under section 346 — Person originally committed for trial with appellant called as additional witness for prosecution — Section 273 — Failure to serve notice of intention to call him on Defence — Not a case where evidence of witness only came to light on the day he was called — Evidence not of purely formal nature — Whether irregularity curable under section 346 — Appellant not legally represented at trial — Discrepancy between evidence of a witness and deposition — Deposition considered by Court of Appeal in the interests of justice — Extra-judicial statements of coaccused exculpating themselves and implicating co-accused — Rejected by committing Magistrate under section 30 Indian Evidence Act—Misdirection — Improper use of word “confession”
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1 January 1948 |
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Criminal Law — Uganda Penal Code sections 208 (1), 220 (1) and 226 (1) — Distinction between “attempting unlawfully to cause death” and “attempt to murder”— Reasonable doubt — Provocation —Sentence
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1 January 1948 |
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Criminal Law — Conviction for erecting a building without approval of District Commissioner — Townships General Rules, Cap. 82, Laws of Kenya, rule 39 — Order to demolish by Third Class Magistrate — Competency of order — Subsequent conviction for disobedience of lawful order — Penal Code, section 126 — Legality
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1 January 1948 |
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Criminal law — Murder — Provocation — Reasonable doubt — Manslaughter — Whether evidence of witness as to native law and custom admissible at trial by Judge sitting with assessors — Uganda Evidence Ordinance, Laws of Uganda, Cap. 68, sect. 46 —Assessors required by Judge to answer specific questions after summing-up—Proper direction by Judge — Uganda Criminal Procedure Code, sect. 277— Functions of assessors in criminal trial vaguely defined—Test the Court will apply
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1 January 1948 |
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Criminal Law -Murder — Defence of intoxication — Uganda Penal Code, Section 14-Manslaughter — Sentence
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1 January 1948 |
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Criminal Law — Murder — Provocation by knowledge of wife’s adultery — Witness’s delay in giving information to the police — Conflicting evidence — Credibility — Appeal on finding of fact — Principles which should govern a Court of Appeal when considering questions of fact
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1 January 1948 |
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Criminal law — Wounding with intent, section 226 (1), Penal Code — Abduction in order to murder, section 252, Penal Code — Abduction in order to subject to grievous harm, section 254, Penal Code — Evidence — Identification in Court — Identification parade
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1 January 1948 |
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Vendor and purchaser—Agreement—Specific performance—Purchaser failing to tender conveyance for execution—Indian Transfer of Property Act, 1882, Section 55 (1) (d)—Waiver of formality by vendor
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1 January 1948 |
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Damages—Contract to repair motor bus—Failure to repair or undue delay in effecting repairs—Negligence—Loss of profits—Appeal against quantum— Principles on which Appellate Court acts—Quantum reduced—Costs
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1 January 1948 |
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Practice—Garnishee Proceedings—Kenya Civil Procedure Rules, Order XX— Attachment of debts—Whether, Garnishees had. right of retention or? deduction—Reference to Supreme Court to ascertain amount, Order XX Rule 4—Costs
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1 January 1948 |
