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Citation
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Judgment date
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| March 1957 |
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Rent restriction - Premises designed as shop in front and living quarters behind - Whether letting for combination of business and residential purposes - "Living quarters." Legal Notices No. 120 of 1954 and No. 10 of 1957 (U.)
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28 March 1957 |
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Evidence-Cautioned statement by accused not in mother tongue-Whether statement evidence against co-accused-Evidence (Statements to Police Officers) (No. 2) G Rules, 1955, Rule 4 and Rule 5, (U.)
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28 March 1957 |
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Rates—Liability for rates—Whether statutory tenant liable—Definition of "owner"—Local Government (Rating) Ordinance, s. 3 (U.)
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28 March 1957 |
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Damages-Assessment-Negligence-Fatal accident-Computation of damages— Fatal Accidents Ordinance (Cap. 9), s. 4 (K.)—Fatal Accidents Act, 1846, s. 2, s. 3—Fatal Accidents (Damages) Act, 1908, s. 1
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26 March 1957 |
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Landlord and Tenant Crown lease on condition that building erected by specified time—Distinction between building condition and covenant—Whether court can grant relief against forfeiture—Meaning of “mesne profits" in O. II, r. 3 (a) of Civil Procedure Rules (K.)—Crown Lands Ordinance (Cap. 155), s. 83 (K.)—Registration of Titles Ordinance (Cap. 160), s. 2, s. 21 and s. 33 (K.)—East African Order in Council, 1897, Article 11—Kenya Colony Order in Council, 1921, Article 4 (2) (K.)—English Conveyancing Act, 1881, s. 14
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24 March 1957 |
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Contract-Contract tainted with fraud-Agreement unenforceable-Costs
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23 March 1957 |
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Fraud Transfer of business-Circumstances resulting in-Whether transfer effected in law and in fact-Whether fraud or intent to defraud material. s. 3 of the Fraudulent Transfer of Businesses Ordinance (K.)
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23 March 1957 |
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Landlord and tenant-Claim for possess/on and arrears of rent-Principles to be considered by Rent Control Board-Onus and quantum of proof-Increase of Rent (Restriction) Ordinance, 1949, s. 16 (K.)
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22 March 1957 |
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Contract-Anticipatory breach-Whether ground for ordering specific performance. Witness-Evidence accepted-Falsehood on material points-Failure to appreciate
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15 March 1957 |
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Review—Application for review of part of decree ordering costs on higher scale—Whether application for review competent—Civil Procedure Rules, O. XLVIII (Z.)—Civil Procedure Decree, s. 80 (Z.). Costs—Consent judgment for defendant with costs—Order for costs on higher scale on immediate application by defendant's counsel—Whether court functus officio when judgment entered with costs
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15 March 1957 |
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Income tax - Sum paid by taxpayer to protected tenant as inducement to vacate premises - Vacated premises later occupied by taxpayer - Whether sum paid is “expenditure for a capital purpose" or an outgoing incurred by taxpayer in production of income - The East African Income Tax (Management) Act, 1952, s. 14 (1) (b) and s. 15 (2)
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14 March 1957 |
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Income Tax - Deduction of bad debts in computing income from trade - Company ceasing to trade - Bad debts subsequently recovered - Whether assessable as income - The East African Income Tax (Management) Act, 1952, s. 8 (1) and (3) and s. 14 (1)
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14 March 1957 |
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Criminal law—Evidence—Credibility of witness—Evidence of witness accepted despite discrepancy compared with evidence of other witnesses Misdirection
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12 March 1957 |
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Criminal law—Trial—Finding of no case to answer—Whether court entitled to consider credibility of Crown witnesses when prosecution case closed—Criminal Procedure Code s. 205 (T.)
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12 March 1957 |
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Company—Winding up—Petition by creditor founded on debt disputed by company—Whether creditor entitled to petition—Companies Ordinance, s. 168 (T.)
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11 March 1957 |
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Criminal law - Fraudulent false accounting - Meaning of "privy to making" - Penal Code, s. 325 (b) - (K.)
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8 March 1957 |
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Criminal law—Costs—Prosecution by local authority—Circumstances in which court may order costs against accused
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4 March 1957 |
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Criminal law-New trial-Grounds for ordering
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1 March 1957 |
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Contract-Betrothal of infant children by Hindu parents according to the rites of communityWhether parents can recover damages for breach of the contract of marriage by the betrothed child-Indian Contract Act, 1872
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1 March 1957 |
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1 March 1957 |
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Sale of goods-Order in writing-Construction of words "Price: subject to fluctuation" -Whether any contract existed between parties
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1 March 1957 |
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Judgment-lnherent powers of the court-Power to recall a judgment before it is perfected. Landlord and Tenant-Error in judgment of Resident Magistrate-Failure to give parties opportunity to be heard before altering judgment-Landlord and Tenant (Shops & Hotels) (Temporary Provisions) Ordinance, s. 10 (K.)
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1 March 1957 |
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Landlord and tenant-Re-building of business premises-Whether tenant's rights under Rent Control Board's orders are against the landlord or against the land
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1 March 1957 |
