All courts - 1957

Street Traffic - Dangerous Driving - Notice of Intended Prosecution - Whether Letter Addressed to Registered Owner of Motor Vehicle Inquiring Who the Driver Was at a Particular Time and Alleging Dangerous Driving Constitutes Notice - Traffic Ordinance, 1953, s. 45 (1) and s. 48 (c) (K.)

Criminal law - Illegal transportation of sugar - Forfeiture of vehicle used in commission of offence - Evidence as to identity of such vehicle necessary to entail forfeiture - Sugar Ordinance (Cap. 194), s. 4, s. 10 (1), s. 11 and s. 14 (K.).

Practice-Leave to appeal to Privy Council subject to a conditional order—Failure to comply with a condition of the order—Application for extension of time for preparation and certification of record-East African (Appeal to Privy Council) Order in Council, 1951, s. 5 (b).

Criminal law - Insanity - Fitness of accused to plead - Finding that accused fit to plead not justified by medical evidence - Criminal Procedure Code, s. 162 (K.)

Criminal law-Murder-Provocation and intent—Misdirection

Costs—Reference on taxation—Instructions fee—Objection as to quantum allowed by taxing officer—Certificate for two counsel given—Both counsel members of the same firm—Whether separate instructions fee can be claimed for each of them.

Criminal law-Practice-First information quashed-Second information filed in respect of the same depositions-Whether Attorney-General can prefer more than one
information in respect of the same depositions and file one information subsequent to another if the first has been quashed-Penal Code s. 250 (K.).

Personal tax-Accused convicted of default in payment of tax-No evidence of age of accused-Age at which liability begins-Personal Tax Ordinance, 1955, s. 45 (1) and s. 46 (1) (T.).

Criminal law-Corruption-Evidence of police trap-Whether police counselled an 
offence to secure evidence.

Criminal law-Conspiracy-Objection to information-Insufficient particulars of offence
alleged-Whether information discloses any offence known to criminal law-Penal Code s. 396 (6) (K.)-Bankruptcy Ordinance s. 1 39 (K.).

Street Traffic—Motor Vehicle—Unlicensed Vehicle—Third Party Insurance—Driving, or permitting to be driven, a vehicle unlicensed and without valid insurance—Motor Vehicles Insurance Ordinance, s. 4 (T.)—The Traffic Ordinance, s. 42 (2) (T.).

Criminal Law - Obtaining Money by False Pretences - Medical Practitioner Issuing Reports Based on Another Doctor's Reports Without Examining the Persons Concerned - Whether False Pretence as to Existing Fact.

Appellate Court - Findings of Facts - Duty of First Appellate Court to Consider and Evaluate Evidence - Whether on Second Appeal Findings of Facts Can Be Attacked - Criminal Procedure Code, s. 337 (U.)

Pleadings - Disallowance of appeal on ground not in pleadings.

Criminal law — Evidence — Witness examined by reading out deposition at preliminary enquiry — Whether such procedure desirable.

Criminal law - Evidence - Admissibility - Admission - Statements by accused to a police officer - Whether the statements admissible in evidence - Indian Evidence Act, 1872, s. 25.

Landlord and tenant - Recovery of possession - Agreement constituting a licence or lease - Prima facie evidence.

Highway - Dedication - Agent's knowledge of user imputed to owner - Highways Ordinance (Cap. 167) (T.) - Land Tenure Ordinance (Cap. 113), s. 7 (T.) - Indian Easements Act, 1882 - Indian Evidence Act, 1872, s. 48.

Cause of action - Trespass to and conversion of the same property - Whether one continuing transaction - Indian Limitation Act, 1908, s. 26, art. 39 and art. 48.

Criminal law-Assault , causing bodily harm-Construction of plea of the
accused-Penal Code, s. 246 (K.).

Damages-Basis of assessment for personal injuries

Costs-Action in High Court-Judgment for Shs. 1poe885/- -Whether sufficient reason for awarding costs on High Court scale- Civil Procedure Ordinance, s. II (7) ( U.).

Infant—Guardian—Custody—Welfare of child Guardianship and Wards Ordinance 
(Cap. 72) s. 13 (A.). 

Practice - Trial judge taking large part in examination of accused - Whether rule that justice must be seen to be done has been observed.

Judge - Functions at trial - Interventions during examination of witnesses.

Agent - Period of limitation - Agent for cargo handling - Delegation of duty - East African Railways and Harbours Act, s. 2 (1), s. 2 (3) (e) and s. 92.

Land registration - Age of majority for purpose of holding land in Tanganyika - Land Registration Ordinance (Cap. 334), s. 81 (T.) - Conveyancing and Law of Property Act, 1881, s. 41, s. 42 (5) (i) and s. 43 - Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2 (1), (2) and (3) (T.) - Indian Majority Act, 1875.

Practice Plaint—Summary procedure-Claim for interest included with a claim for liquidated amount—Whether interest is a liquidated claim within O. 33—Civil Procedure Rules, O. 33 (U.).

Practice - Setting aside dismissal of a suit - Suit dismissed for non-appearance - What constitutes "appearance" - Civil Procedure (Revised) Rules, 1948, O. 9, r. 19 and r. 20 (K.).

Income Tax-Deduction in computing profits—Expenditure incurred in litigation con- cerning opposition to petition to wind up company-East African Income Tax (Management) Act, 1952, s. 14. 

Mohamedan law—Marriage of adult virgin—Shafei sect—Father's right to restrain marriage-Whether father also entitled to custody and guardianship of adult unmarried daughter. Jurisdiction—Claim for injunction—Sharieh_law—Whether Supreme Court can grant injunction to prevent marriage—Supreme Court Ordinance, s. 8 (A.)—Interpretation and General Clauses 

Attachment - Warrant issued to attach movables including "temporary house" - Warrant affixed to house - Whether valid attachment of house - Civil Procedure Rules, O. 19 r. 40 and r. 51, (U.)

Partnership - Pledging of credit of the firm by a managing partner - Managing partner not specifically authorised - Whether pledging of credit in the ordinary course of business - Whether firm and all the partners liable - Partnership Ordinance, s. 7 and s. 9 (K.).

Criminal law—Evidence—Perjury—Whether necessary to prove the charge in the case wherein the accused is alleged to have committed perjury.

Evidence—Admissibility—Qualifications of expert not shown before examination. Housing Demolition order—Public Health Ordinance, s. 59, s. 68 (1) and s. 118 (U.). Practice—Proceedings incorrectly intituled—Law Reform (Miscellaneous Provisions) Ordinance, 1953, s. 18 (5) (U.)—Law Reform (Miscellaneous Provisions) (Rules of Court) Rules, 1954, r. 3 (U.).

Bill of exchange - Promissory notes - Whether notice of dishonour given to endorser or waived - Whether endorser absolved from liability - Bills of Exchange Ordinance, s. 50 (2) (d) (ii) (U.).

Criminal law-Evidence—Accomplice-Whether certain prosecution witnesses were 
accomplices and required corroboration.

Guarantee - Promissory notes given as collateral security - Failure to give notice of dishonor to guarantor - Whether liability of guarantor discharged - Indian Contract Act, 1872, s. 139 and s. 141 - Bulk Sales Ordinance (Cap. 251) (U.).

Res judicata - Stay of proceedings - Arbitration clause in partnership agreement - Arbitration Ordinance s. 17 (U.).

Sale of land-Caveat—Caveat lodged by members of a Sikh Temple, a charitable trust and body corporate-Notice to caveators of submission of transfer—Application to High Court filed but not heard within thirty days from date of notice-Whether caveat lodged by “a beneficiary claiming under any will or settlement”—Whether caveat lapsed-Registration of Titles Ordinance, s. 149 (U.)—Trustees (Incorpora- tion) Ordinance, 1939 (U.). 
 

Criminal Law-Killing an animal in a National Park in self-defence-Whether an offence
under the National Parks Ordinance (Cap. 253), s. 13 (I) (b) (T.

Criminal law - Murder - Principal in the second degree - What amounts to presence at the commission of the offence - What amounts to conduct "countenancing” the commission of the offence - Penal Code s. 22 (b) and (c) (T.).

Criminal law—Plea—Recording of—Criminal Procedure Code, s. 203 (T.).
Criminal law—Power to convict of kindred offence—Criminal Procedure Code, s. 186 (T.).

Sale of goods-Implied warranty-Buyer's opportunity to inspect goods before delivery- Whether doctrine of "caveat emptor" applies-The Contract Decree (Cap. 80),
s. 111, s. 113 and s. 114 (Z.)

Insurance—Policy containing arbitration clause for determining amount of damage—Whether insured obliged to obtain award before suing his insurers.

Costs-Taxation-Review of taxing officer's order-Whether court should interfere

Public authority - Statutory powers - Streets - Whether public or private - Municipalities and Townships (Private Streets) Ordinance, 1951 (K.), s. 2 and s. 7 - Municipalities and Townships (Private Streets) (Amendment) Ordinance, 1952 (K.).

Criminal law - Procedure - Recording of plea in subordinate court when accused admits charge - Accused an African - Necessity of recording as nearly as possible the words used - Criminal Procedure Code, s. 205 (2) (K.).

Costs - Reference on taxation - Same counsel appearing in appellate and lower courts - Certificate for two counsel given - Principle to be applied when taxing costs for the appeal.

Bill of Exchange—Promissory note—Agreement to lend with promissory notes as collateral security—Whether giving of notes discharges liability under agreement.
Bill of Exchange—Promissory note—Cheque taken by bank in payment of notes dishonoured on clearance—Whether acceptance of cheque constitutes payment.
Bill of Exchange—Promissory note—Payment by cheque subsequently dishonoured—Endorser of notes notified of dishonour four days after due date of payment—Whether notice given within reasonable time—Bills of Exchange Ordinance, s. 49 (12) and s. 50 (1) (U.).
Pleading—Promissory note—Waiver of notice to endorser of dishonour not pleaded—Whether necessary to plead.

Criminal law-Per jury-Irregularity in recording evidence in a civil case—) 
-Whether the evidence recorded is evidence in a subsequent trial for perjury—Indian Civil Procedure Code, O. 18, r. 5. 

Criminal Law—Autrefois Convict—Respondents members of Police Force—Convicted and sentenced by Orderly Room Tribunal on disciplinary charge—Subsequently charged with rape on same facts in magistrate's court—Whether respondents entitled to plead autrefois convict—Police Ordinance, 1948, s. 41 (44), s. 43 and s. 62 (K.)—Criminal Procedure Code, s. 138 and s. 367 (K.).

Rent Restriction-Recovery of possession—Possession claimed by landlord for  reconstructing dwelling into commercial building—Whether purpose of recovery of possession in the public interest—Meaning of “purpose in the public interest”—Rent Restriction Ordinance (Cap. 301), s. 19 (1) (ƒ) and (i) (T.).