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Citation
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Judgment date
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| March 1958 |
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Sale of Land-Consent of Land Alienation Board obtained—Transfer registered—Option to repurchase at higher price not registered—Whether entire transaction constitutes sale or mortgage—Land Alienation Decree, 1939 (Z.)—Registration of Documents Decree (Cap. 111), s. 4 and s. 6 (Z.)—Transfer of Property Decree (Cap. 82), s. 54 and s. 59 (Z.)—Evidence Decree (Cap. 10), s. 92 (Z.)—Alienation of Land (Restriction and Evidence) Decree (Cap. 112), s. 18 (Z.)—Land Protection (Debt Settlement) Decree, 1958 (Z.)—Indian Registration Act, 1908, s. 17 and s. 49
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26 March 1958 |
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Practice-Setting aside judgment-Formal decree in existence-Whether correct procedure is by r. 10. or r. 24 of O. 9, Civil Procedure (Revised) Rules, 1948 (K.)
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25 March 1958 |
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Immigration-Motion for mandamus to the principal immigration officer to issue a certificate that the husband is entitled to enter Uganda because his wife is a permanent resident there. Amending regulations affecting the applicant's case whilst the application is pending-Immigration Control Ordinance, s. 6 (U.)—Immigration (Control) (Exemption) Regulations, 1954, reg. 3 (1) (c), (U.)—Immigration (Control) (Exemption) (Amendment) Regulations, 1955, reg. 2 (U.)
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21 March 1958 |
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Appeal Application for leave to appeal out of time—Application for copy of trial record made four days after conviction—Copy supplied almost two months later—Memorandum of appeal and record filed three weeks later—Whether due diligence exercised by appellant's advocate—Criminal Procedure Code, s. 326 (U.)
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21 March 1958 |
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Criminal Law—Sentence Punishment authorised either imprisonment or fine—Whether sentence comprising both lawful. Criminal Law—Order for destruction of miraa at cost of accused Whether order made bad for vagueness—Proper procedure—Miraa Prohibition (Scheduled Areas) Ordinance, 1951, s. 3 (1) (K.)
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19 March 1958 |
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Mortgage Enforcement of security by second mortgagee—First mortgagee joined as defendant—Plaint alleged no relief sought against second defendant but order for sale of mortgaged premises prayed—Decree made for sale in default of payment by mortgagor—Whether decree should have directed sale subject to first mortgage—Indian Transfer of Property Act, 1882, s. 8—Indian Acts (Amendment) Ordinance (Cap. 2), s. 2 (K.)
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18 March 1958 |
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Criminal law-Sentence-Other admitted offences not charged-Request by accused that court should take into account other offences not charged— No statutory provision enabling-Whether High Court entitled to follow English practice-Tanganyika Order-in-Council, 1920, art. 17 para. (2) (T.)—Criminal Procedure Code, s. 3 (3) and s. 290 (T.)
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11 March 1958 |
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Criminal law-Burden of proof-Illegal movement of cattle-Particulars of offence-Whether burden discharged in accordance with Animal Diseases Rules, 1948, r. 21 (2) (K.)
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3 March 1958 |
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Criminal law—Judgment. No clear findings and insufficient reasons. Findings written after judgment and not delivered in court. Whether defects are fatal to conviction—Criminal Procedure Code, s. 169 (K.). Appeal—Proceedings at trial irregular. Whether appellate court should order a new trial. Criminal law—Receiving stolen property. Evidence establishing theft. Whether conviction of theft is competent on charge of receiving
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3 March 1958 |
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Criminal Law Judgment—No clear findings and insufficient reasons—Findings written after judgment and not delivered in court—Whether defects fatal to conviction—Criminal Procedure Code, s. 169 (K). Appeal—Proceedings at trial irregular—Whether appellate court should order new trial. Criminal Law—Receiving stolen property—Evidence establishing theft—Whether conviction of theft competent on charge of receiving
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3 March 1958 |
