|
Citation
|
Judgment date
|
| October 1958 |
|
|
Jurisdiction – Company – Action in Principal Court of Buganda against limited company – Whether Principal Court has jurisdiction – Interpretation and General Clauses Ordinance (Cap. 1), s. 3(1) and (8) (U.) – Buganda Courts Ordinance (Cap. 77), s. 2 and s. 3(1) (U.)
|
31 October 1958 |
|
Arbitration - Award - Remission - Application to remit award before notice of filing given to parties - Whether application competent - Arbitration Ordinance, s. 9 (2) (K.) - Rules of the Supreme Court (Proceedings in Arbitration), r. 1 (K.)
|
31 October 1958 |
|
customs – importation of prohibited goods – whether customs laws relative to the importation of prohibited goods being penal and taxing should be interpreted strictly or liberally – the east african customs management act, 1952, s. 15(1) and the second schedule thereto
|
30 October 1958 |
|
Evidence—Document. Unstamped document tendered as evidence. No ruling by magistrate whether document liable to duty until judgment. Party tendering document thereby denied opportunity to pay duty and penalty and make document admissible. Whether party tendering document prejudiced. Relevant legislation: Stamp Ordinance (Cap. 189), s. 41
|
30 October 1958 |
|
Rent restriction—Possession. Premises required by landlord for his own occupation. Business premises subject to rent restrictions. Estoppel concerning the benefits derived from property under wakf. Relevant legislation: Rent Restriction Decree, 1953, s. 19 (1) (e) (Z.)
|
27 October 1958 |
|
Burden of proof - Action for account - Defence that vouchers destroyed by plaintiffs' agent - Change of onus during proceedings - What plaintiff and defendant must each prove
|
27 October 1958 |
|
Arbitration - Award - Remission - Error of law on face of award - Remission to arbitrator for reconsideration - Further award filed containing same error - Whether court should remit again and consider affidavit referred to in award - Civil Procedure (Revised) Rules, 1948, O. XLV, r. 14 (K.)
|
27 October 1958 |
|
Execution – Order for attachment of salary of judgment-debtor – Non-compliance by employer – Application to bring employer on the record as a party and for issue of notice to employer to show cause – Whether plaintiff entitled to relief claimed – Civil Procedure Rules, Order 19, rule 45 (Uganda) – Indian Civil Procedure Rules, Order 21, rule 48
|
23 October 1958 |
|
Criminal law – Trial – Murder – Two indictments – First indictment read in the presence of persons summoned as assessors, Crown then elects to proceed on second indictment, second indictment alleging another murder then read – Whether knowledge of persons summoned as assessors that accused charged with two murders likely to prejudice accused
|
23 October 1958 |
|
Appeal from H.M. High Court for Uganda—Sirendan, J.J. Appeal—Fresh evidence—Application to admit—Principles which appellate court will apply. Contract—Contract made by correspondence—Date for completion not fixed and bargain to be incorporated in formal document—Whether enforceable contract between parties—Indian Contract Act, 1872, s. 46 and s. 55
|
23 October 1958 |
|
Mohamedan law – Wakf – Life interests created by wakf deed offending rule against perpetuities – Whether wakf saved by Wakf Commissioners Ordinance, 1951, s. 4 (1) (a) (K.) – Indian Wakf Validating Act, 1913
|
22 October 1958 |
|
Practice – Application for review of judgment – Judgment for plaintiff following hearing ex parte after defence struck out for default in giving particulars and discovery – Whether plaintiff entitled to go to trial ex parte – Kenya Civil Procedure (Revised) Rules, 1948, O. VI, r. 2, and O. XIX, r. 1 and r. 2 – English Rules of the Supreme Court, O. XV and O. XIX, r. 6 (1)
|
21 October 1958 |
|
probate – will – application for probate – caveat lodged before order granted – probate signed by judge – probate and administration act – validity of caveat – when is probate granted – indian probate and administration act, 1881, s. 70 and s. 76 (kenya)
|
10 October 1958 |
|
Street traffic private hire licence conviction of taxi driver for carrying excess passengers. Magistrate's discretion to cancel private hire licence for the vehicle. Order of cancellation made without hearing the owner of the vehicle. Whether the magistrate should hear the owner of the vehicle before ordering cancellation of the licence under the Traffic Ordinance, 1951, s. 83, s. 84 (U.)
|
6 October 1958 |
|
Criminal law – Obtaining credit by fraud – Goods ordered on credit – No intention to pay for goods – Whether credit obtained by fraud – Penal Code, s. 292(1) (K.)
|
6 October 1958 |
|
Rent restriction—Application for possession by landlord. Tenant not in personal occupation of premises. Powers of Rent Restriction Board. Relevant legislation: Rent Restriction Ordinance, s. 7 (1) (h) and s. 19 (1) (T.)
|
3 October 1958 |
|
Summary Procedure - Application for Leave to Appear and Defend Application made out of time but before the plaintiff's application for judgment. Whether the court should grant the application under the Civil Procedure Rules, O. 33, r. 3 (U.) and the Civil Procedure Ordinance, s. 99 (U.)
|
2 October 1958 |
