All courts - 1951

115 judgments
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115 judgments
Citation
Judgment date
January 1951

(Appeal from the decision of H.M. Supreme Court of Kenya—Modera, J.)
Illegality of contract—When it may be raised—Must be proved conclusively—
Defence (Sale and Purchase of Motor Vehicles) Regulations, 1945,

1 January 1951

(Appeal from the decision of H.M. Supreme Court of Kenya—De Lestang, J.)
Entire contract—Failure to perform stipulation—Whether completion according
to contract a condition precedent to right to any payment.

1 January 1951

Landlord and Tenant—Eviction order by Executive Officer—Rent Control Board—
No notice to quit proved by Landlord.

1 January 1951

(Appeal from the decision of H.M. High Court of Tanganyika—Knight, J.)
Unlawful possession of gold—Admissibility of Government Assayer’s Certificate—
Disclosure of informer’s identity—section 125, Indian Evidence Act.

1 January 1951

Procedure—Order 29, rule 5, Civil Procedure Rules—Appearance by partners.

1 January 1951

Criminal Procedure Regulations—right of Court to recall witness—right of accused
. to cross-examine recalled witness.

1 January 1951

(Appeal from the decision of H.M. High Court of Uganda—Pearson, J.)
Sentence—Corporal punishment accompanying long sentence of imprisonment.

1 January 1951

Infringement of designs—Public documents—Section 74-77 and section 82
Evidence Act—Patents and Designs Acts, 1907-46—Registered Designs Act,
. 1949—Claim for damages or other equitable relief—Whether plaintiffs
entitled to an account of profits.

1 January 1951

Costs—Civil Procedure Ordinance Section 27 (1)—Discretion—Principles to be exercised.

1 January 1951

(Appeal from decision of H.M. Supreme Court of Kenya (Appellate Side)—

Modera, J.)

Unequivocal plea of guilty—Appeal against conviction—Kenya Criminal Pro-
cedure Code, section 352 (2).

1 January 1951

(Appeal from the decision of H.M. Supreme Court of Kenya—Modera, J.)
Wakf—Separate dispositions of land and house standing thereon—Validity.
The testatrix a Mahommedan woman directed by her will that a house should
go to a Mosque and its income should be spent in the interests of the Mosque and
in reciting the Koran for the benefit of her soul and for the souls of her parents
in perpetuity.

1 January 1951

(Appeal from the decision of H.M. Supreme Court of Aden—Rudd, J.)
Aden Rent Restriction Ordinance 1947 S. 10 (1) (d)—Currency of permit for
reconstruction of premises.

1 January 1951

(A^pda’l fr&m ithe'decisibh of-H.M. High Cduft'of Tanganyika—Clarion, T)
Tanganyika Penal Code—Witnesses relatives of other accused—Failure to consider
motive’if Witnesses to fix 'guilt'oh appellant.

1 January 1951

(From the decision of H.M. High Court of Tanganyika—Clifford Knight, J.)
Sentence—Conviction three counts—Separate offences consecutive sentences.

1 January 1951

Appearance by defendant—No appearance by plaintiff when suit called for hear-
ing—Civil Procedure Rules Order 9, Rule 19. Order 3—Section 97 Civil

Procedure Ordinance.

1 January 1951