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Citation
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Judgment date
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| April 1958 |
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Infant-Capacity to contract-Claim against Mohamedan youth for goods other than necessaries sold in Uganda—Age of majority—Whether youth an infant— Whether Mohamedan law as to majority applies—Bills of Exchange Ordinance (Cap. 217), s. 22 (1) and s. 89 (U.) — Indian Contract Act, 1872, s. 11. Domicil—Domicil of origin in Arabia—Residence in Uganda—Intention formed to stay permanently in Uganda-Whether evidence sufficient to establish acquisition of domicil of choice
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28 April 1958 |
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Criminal law-Unlawful possession of official stores—Reasonable account given by accused when asked how stores acquired—Whether accused required also to give explanation to court under Penal Code, s. 319 (K). Criminal law-Trial—Acquittal by magistrate before prosecution evidence completed—Whether prosecution entitled to call all its evidence before charge dismissed
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28 April 1958 |
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Criminal law-Practice-Order for payment of costs to prosecutor by accused- Duty of court to inquire into quantum of claim-Penal Code, s. 32 (K.)— Criminal Procedure Code, s. 171 (K.)—Costs in Criminal Cases Act, 1952, s
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28 April 1958 |
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Criminal law-Sentence-Payment of compensation ordered and imprisonment in default-Whether sentence lawful—Criminal Procedure Code, s. 331 and s. 335 (K.)
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25 April 1958 |
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Railway Level crossing Private accommodation crossing Crossing badly sited—Visibility restricted-Common law duty to take care - Whether railway negligent—East African Railways Ordinance (Cap. 115) s. 11 and s. 12 (K.)—East African Railways and Harbours Act, 1950, s. 17. Railway-Level crossing-Private accommodation crossing-Collision of train with motor vehicle—Common law duty to take care- —Whether siting of crossing exceptionally dangerous
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21 April 1958 |
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Criminal law-Charge-Whether magistrate must draw up and sign a formal charge-Criminal Procedure Code, s. 89 and s. 381 (K.). Criminal law-Practice-Plea—Whether acceptance of equivocal plea constitutes ground for quashing conviction
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21 April 1958 |
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Street traffic-Practice-Accused charged with exceeding speed limit—Notice served under s. 113 of Traffic Ordinance—Accused sentenced to fine or imprisonment in default and conviction to be endorsed on driving licence— Whether proceedings validly instituted—Traffic Ordinance, 1953, s. 41 (3), s. 42, s. 73, s. 74 and s. 113 (K.)
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18 April 1958 |
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Criminal law-Charge citing wrong section of Ordinance-Particulars of offence giving details of offence alleged-Whether any failure of justice has occurred—Criminal Procedure Code, s. 347 (U.). Criminal law-Plea—Summons served containing offer to withdraw one count on accused pleading guilty to another-Whether plea of guilty is free and voluntary
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14 April 1958 |
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Criminal law-Practice-Native court calling witness of its own motion— Whether calling of witness irregular—Court not bound by law and practice of England-Buganda Courts Ordinance (Cap. 77), s. 20 and s. 27 (U.)
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14 April 1958 |
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Company-Receiver for Debenture Holder—Agent of Company—Sale of Assets Remuneration claim by receiver disputed by company—When court has power to fix remuneration of receiver—Companies Ordinance (Cap. 288), s. 290 (K.). Pleading-Company disputing sum retained by receiver for his remuneration—Plaint claiming amount retained less sum to be fixed by court as proper remuneration—Whether plaint in form is a suit for money had and received
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11 April 1958 |
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Income tax-Procedure-Notice of assessment served on taxpayer-No objection lodged with Commissioner nor appeal filed with the Supreme Court within prescribed time-Whether taxpayer can defend suit instituted by commissioner on merits-Income Tax Ordinance (Cap. 80), s. 54, s. 59, s. 60, s. 63, s. 64, s. 67, s. 69 (A.)—Income Tax Act, 1918 (U.K.)—Finance Act, 1941 (U.K.)
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11 April 1958 |
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Justices Jurisdiction—Magistrates-Revision of revisional order-Validity—Native Courts Ordinance (Cap. 76), s. 24 (U.). Evidence-Native marriage-Bride-price-Observance of native custom
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11 April 1958 |
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Criminal law-Trial—Magistrate aware of previous conviction of accused—Conviction admitted at trial-Evidence alleged to be attack on accused's character-Whether accused prejudiced or magistrate disqualified to try case—Criminal Procedure Code, s. 159 (6) (K.)
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5 April 1958 |
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Criminal law-Conversion—Unlawful use of government vehicle—Whether circumstances of use constituted conversion-Penal Code, s. 289 (K.)
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5 April 1958 |
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Costs-Reference on taxation-Certificate for two counsel-Leading counsel only heard—Whether costs for junior counsel are allowable
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3 April 1958 |
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Costs-Reference on taxation—Instructions fee-Fee claimed for costs thrown away through amendment of record-How such costs should be charged
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3 April 1958 |
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Costs-Reference on taxation—Disbursement claimed in bill paid after bill lodged Two counsel appearing but no certificate granted-Fees allowable— Court of Appeal Practice Note No. 7 of 1956, para. 4 and para. 6. Costs Reference on taxation—Drawing interlocutory order and attending judge to settle order-Whether costs allowable
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3 April 1958 |
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Income Tax-Income deemed to have been distributed-Settlement of shares in company upon children-Whether notional income from such shares to be treated as income paid to or for the benefit of a child of the settlor—Whether C notional income paid by virtue of or in consequence of settlement—East African Income Tax (Management) Act, 1952, s. 22 (1), (4) and (6), and s. 24 (1), (2) (a) and (9)—War Revenue (Income Tax) Ordinance, s. 21 (1) (T.)— Income Tax Ordinance s. 21 (1) (U.)
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2 April 1958 |
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Street Traffic Motor vehicle on footpath—Whether causing obstruction—Charges under Nairobi Municipality (General) By-Laws, 1948—By-Law 623 and By-Law 416—Principles applicable to construction of By-Laws
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2 April 1958 |
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Mohamedan law-Succession-Deceased leaving widow and no other heir- Rights of Beit-el-Mal—Whether net residue of estate after deduction of widow's Koranic share escheats to Beit-el-Mal—Succession Decree (Cap. 13), s. 327 (Z.)—Administrator General's Decree (Cap. 12), s. 12 (3) (Z.)
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2 April 1958 |
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Practice and procedure—Application to set aside decree—Payment into court of decretal amount plús security for costs—Intervening bankruptcy pro- ceedings-Application for extending time for payment into court-Judge's discretion-Whether court has power to enlarge time if action still in existence
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1 April 1958 |
