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Citation
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Judgment date
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| June 1958 |
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Criminal law-Appeal—Alleged failure of magistrate to record evidence properly and fully—Whether affidavits of witnesses admissible on appeal—Evidence Ordinance (Cap. 9), s. 112 (U.)
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29 June 1958 |
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Criminal law-Perjury-Voluntary statement to police repudiated by witness at trial-Whether, when proved by a policeman who recorded it the statement becomes corroboration of the falsity of the evidence given by the witness—Penal Code, s. 102, s. 104 and s. 105 (S.)
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27 June 1958 |
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Jurisdiction-Action for declaration—Whether Zanzibar courts have power to make declaratory judgments—Zanzibar Order in Council, 1924, Article 24— Civil Procedure Decree (Cap. 4), s. 4. (Z.). Evidence-Agreement for planting seedlings in open land-Express provision for division of land and trees between parties after ten years—Whether unregistered agreement admissible in evidence—Registration of Documents Decree (Cap. 111), s. 4 (Z
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27 June 1958 |
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Criminal law-Confiscation of a firearm in accordance with the Firearms Ordinance, s. 33 (U.)—Whether the order of confiscation is mandatory or discretionary
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26 June 1958 |
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Mohamedan law-Succession—Deceased leaving widow and no other heir— Wakf Commissioners claiming rights of Bait-ul-Mal—Whether widow entitled to residue under doctrine of “return”—Public Trustee Ordinance (Cap. 37), s. 11 (3) (K.)—Wakf Commissioners Ordinance, 1951, s. 18 (K.)
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24 June 1958 |
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Fatal accident-Plaintiff suing as administrator and dependant-Grant of administration in England but none in Tanganyika-Validity of claim— Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance (Cap. 360), s. 4 (1), s. 6 and s. 9 (1) (T.)
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23 June 1958 |
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Criminal law-Bail—Conviction by a magistrate—Appeal to the High Court against conviction and sentence-Principle on which bail was granted pending appeal
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23 June 1958 |
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Income Tax-Undistributed profits-Company in voluntary liquidation-Profits for penultimate accounting period deemed to have been distributed-Year of income in which deemed distribution to be included in income of shareholders -East African Income Tax (Management) Act, 1952, s. 22 sub-s. (8) and sub-s. (10)
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18 June 1958 |
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Judgment Amendment—No order for costs—Costs not asked for nor considered by court when judgment given—Application for correction of judgment to include costs under slip rule-Whether application competent- Procedure Code, s. 152 (T.)—Subordinate Courts Ordinance (Cap. 3), s. 10 (T.)
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13 June 1958 |
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Appeal-Jurisdiction—Appeal from District Court to which appeal lay by statute– No right of appeal unless conferred by statute-Whether decision of District Court was a suit resulting in a decree—Public Health Ordinance (Cap. 61), s. 61, s. 132 (U.)—Civil Procedure Ordinance (Cap. 6), s. 2, s. 3, s. 77 (1), s. 85, s. 93. (U.)
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11 June 1958 |
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Practice-Irregularities not affecting jurisdiction—Order of court not drawn up or extracted-Reference to referee-Whether proceedings pursuant to order and before referee a nullity—Civil Procedure Ordinance (cap. 5), s. 90 (K.)— Civil Procedure (Revised) Rules, 1948, O.XXVII r. 11 and r. 12 (K.). Appeal-Grounds of appeal-Objections to evidence and procedure not taken at trial, whether objections were taken too late
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9 June 1958 |
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Order: That the applicant do file an affidavit accordingly and that the respondent do file a written statement in reply
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6 June 1958 |
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Criminal law—Bail—Conviction by Supreme Court-Notice of appeal given and application for leave to appeal made-Principles on which bail granted— Criminal Procedure Code, s. 301 (S.)
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2 June 1958 |
