All courts - 1958 January

10 judgments
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10 judgments
Citation
Judgment date
January 1958
Guarantee—Indemnity—Immigration bond-Guarantor unaware of contents of document-Onus of proof
25 January 1958
Criminal law—Intimidation—Intent in uttering threats material to the issue of guilt— Indian Penal Code, s. 503 and s. 506—Appeals to the Court of Appeal Ordinance, 1950, s. 4 (Som.)—Cultivation and Use of Land Ordinance (Cap. 119), s. 2, s. 3 and s. 4 (Som.)
24 January 1958
Immigration Person found without passport or travel documents—Prosecuted as an illegal immigrant—Particulars of offence defective—When burden of proof rests on immigrant to prove he is lawfully within the colony—Immigration Ordinance (Cap. 77), s. 21 (1) (A.)—Immigration Ordinance 1942, s. 6 (A.)—Immigration Ordinance, 1955, s. 2 (1) (k), s. 7 (1) (a), s. 8 (1) and s. 10 (1), (2) and (3) (A.)
21 January 1958
Practice Parties—Appeal—Action against two defendants in alternative—Judgment against one defendant—Whether on appeal by this defendant the other defendant should be made a party to the appeal—Eastern African Court of Appeal Rules, 1954, r. 57 (2) and r. 71
21 January 1958
Criminal law—Trial. Counsel for accused not given opportunity to attend preliminary inquiry. Inquiry held in magistrate's office. No compliance with Criminal Procedure Code, s. 233 (4) (K.). Whether defense of accused prejudiced
17 January 1958
Criminal law-Trial-Counsel for accused not given opportunity to attend preliminary enquiry-Inquiry held in magistrate's office-No compliance with Criminal Procedure Code, s. 233 (4) (K.)—Whether defence of accused prejudiced
17 January 1958
Landlord and Tenant-Monthly tenancy—Withdrawal or waiver of notice to quit—Whether old tenancy continued or new tenancy created—Indian Transfer of Property Act, 1882, s. 106 and s. 113—Eastern African Court of Appeal Rules, 1954, r. 56 and Third Schedule, para. 11
11 January 1958
Criminal law-False pretences—False statement of year of make of new vehicle -Trade-in of old car—Whether purchaser induced to sell old car by false pretences as to year of new vehicle—Whether hire-purchase company induced to pay for new car by false statement made to hirer
6 January 1958
Criminal Law-Jurisdiction—Prosecution requiring consent of attorney-general or solicitor-general—Whether consent must be part of record—Prevention of Corruption Ordinance, 1956, s. 3 (2) and s. 12 (K.)—Interpretation and General Provisions Ordinance, 1956, s. 56 (K.)
6 January 1958
Practice–Leave to appeal to Privy Council–Order for conditional leave granted and conditions fulfilled–Application for final leave made but not pursued–Meaning of "apply with due diligence"–When court will rescind order for conditional leave to appeal–East African (Appeal to Privy Council) Order in Council, 1951, s. 6 and s. 11
1 January 1958