All courts - 1959 November

Audience Crown counsel-Crown counsel appearing for African chief sued in personal capacity-Whether Crown counsel has right of audience—Whether attorney-general can represent private litigant—Civil Procedure (Revised) Rules, 1948, O. III, r. 1 (K.)—Advocates Ordinance, 1949, s. 2 and s. 3 (K.) -Eastern African Court of Appeal Rules, 1954, r. 2 (1), r. 16 (1), r. 16 (6), r. 54 (3) and r. 12—Eastern African Court of Appeal Order-in-Council, G 1950, s. 18 (2) Eastern African Court of Appeal (Amendment) Rules, 1956, r. 7. 
 

Criminal law-Special Districts (Administration) Ordinance—Accused charged with entering or remaining in a special district without a permit contrary to s. 17 (1) of Ordinance—Accused born at Wajir, resident at Isiolo and arrested at Marsabit—All towns situate in Northern Frontier District—Whether accused a "tribesman" within the meaning of Ordinance—Special Districts (Administration) Ordinance, s. 4, s. 15 and s. 17 (K.). 
 

Street traffic-Causing death by an obstruction—Whether proof required that obstruction was the only substantial cause of death—Whether liability absolute or only if negligence proved-Traffic Ordinance, 1953, s. 44A (K.). 
 

Coroner Order for issue of warrant of arrest—Verdict of accidental death at inquest—Application to set aside warrant of arrest—Whether High Court should interfere to set aside warrant of arrest—Inquests Ordinance (Cap. 24), s. 23 and s. 28 (T.).

Criminal law-Corruption—Search warrant endorsed for execution by one police inspector but executed by another—Car radio seized different from that authorized by the search warrant-Bribe offered to release the radio seized—Whether offense committed—Prevention of Corruption Ordinance, 1956, s. 3. (2) (K.). 
 

Practice Counter-claim—Defendant admitting claim but pleading counter-claim -Whether court should enter judgment on claim before hearing counter-claim -Civil Procedure Rules, O. 12, r. 6 (T.). 
Hire-purchase-Agreement by hirer to sell his interest in hired vehicle before aggregate of instalments paid—Whether such agreement void ab initio or executory pending consent of owner of vehicle—Indian Contract Act, 1872, s. 20, s. 56. 
 

Criminal law-Murder-Misdirection—Intoxication—Incapacity to form specific intent-Burden of proof. 

Costs Instruction fee-Whether taxing officer has discretion to allow sum lower than scale fee-Advocates' (Remuneration and Taxation of Costs) Rules, 1959, Schedule VI, Proviso (1) (U.). 
 

Criminal law-Autrefois acquit—Charge dismissed through complainant's failure to attend court—Fresh summons issued at instigation of complainant—Plea of autrefois acquit to second summons—Charge dismissed—Whether case stated is complainant's proper course to test validity of plea—Criminal Procedure Code (Cap. 27), s. 87 (a), s. 200, s. 204 (K.). 
 

Criminal law-Procedure—“Trial within a trial”—Procedure in magistrate's courts and at preliminary enquiries-Criminal Procedure Code (Cap. 27), C s. 229 and s. 233 (K.). 
 

Trade Mark-Application to register-Application for word "Lale"-Opposition by registered owners of trade mark “Raleigh”—Objection on ground that word likely to deceive or cause confusion-Whether similarity of pronun- C ciation in Uganda of letters “L” and “R” is a valid objection—Trade Marks Ordinance, 1952, s. 13 (2), s. 14, s. 15, s. 21 (5) and s. 54 (U.)—Trade Marks Rules, s. 52 (U.)—Trade Marks Act, 1938, s. 10, s. 11, s. 12 (1)—Evidence Ordinance (Cap. 9), s. 2 (U.)—Civil Procedure Rules O. 17, r. 3 (U.)— Interpretation and General Clauses Ordinance (Cap. 1), s. 2 (U.). 
 

Mohamedan law—Will—Oral will—Oral revocation of written will alleged— Requirements of the court before an oral will can be propounded.

Practice-Privy Council—Leave to appeal—Case remitted by appellate court to lower court for assessment of damages-Application for leave to appeal to Privy Council before damages assessed—Money value of matter in dispute— Whether amount of plaintiff's claim is measure of value of case to defendant 
— East African (Appeal to Privy Council) Order-in-Council, 1951, s. 3. Privy Council-Leave to appeal—Whether amount claimed by plaintiff is measure of value of matter in dispute to defendant—East African (Appeal to Privy Council) Order-in-Council, 1951, s. 3. 
Privy Council-Leave to appeal—Whether procedural matters can constitute matters of great public and general importance—East African (Appeal to Privy Council) Order-in-Council, 1951, s. 

Criminal law-Insanity—Murder—Accused labouring under delusion—Accused admitting killing and surrendering to police "to be killed"—Whether admission shows accused aware that act was wrong—Penal Code (Cap. 24), s. 13 (K.)—Criminal Procedure Code (Cap. 27), s. 166 (K.). Criminal law-Evidence-Confession to police officer-Confession proved for the purpose of submission that the accused was insane—Whether confession proved “as against" the accused—Indian Evidence Act, 1872, s. 25.

Rent Restriction—Appeal—Application for assessment of standard rent by tenant-Landlord's contention that premises reconstructed—No evidence of reconstruction before board-Standard rent assessed for a period going back to beyond two years-Whether board has power to make such an order- Rent Restriction Decree, 1953, s. 4, s. 9 and s. 23 (3) (Z.). 
 

Practice-Preservation of property in issue-Claim based on cheques and promissory notes — Order of court directing bank to retain proceeds of cheque pending further order—Application to rescind order-Civil Procedure Rules, O. 37, r. 7 (1) (a) (U.). 

Bank-Mistake—Action to recover money credited to customer's bank account under mistake—Mistake induced by fraud of bank clerk—Customer making C payments to bank clerk without knowledge of fraud after checking bank balance-Whether customer entitled to defence of estoppel-Indian Evidence Act, 1872, s. 115—Indian Contract Act, 1872, s. 72. Mistake-Mistake of fact—Money paid under mistake of fact induced by fraud -Recovery-Payments made fraudulently from one customer's account to another account at the same bank—Whether bank can recover from customer whose account was credited-Estoppel not pleaded—Indian Contract Act, 1872, s. 72-Indian Evidence Act, 1872, s. 115. 

Costs-Successful party deprived of costs-Inter-pleader proceedings for award of compensation arising from re-settlement scheme-Appeal against judgment dismissed—Order as to costs of trial court varied on appeal on the ground that issues should have been framed—Whether variation justified—Indian Code of Civil Procedure, 1908, s. 35

Criminal law-Practice-Evidence-Comparison of deposition with evidence of witness at trial-Passages from deposition put to witness in cross-examination without putting deposition in evidence-Correct procedure to adopt-Indian Evidence Act, 1872, s. 145 and s. 155—Prevention of Corruption Ordinance, s. 3 (2) (T.).