All courts - 1959 April

Shipping-Collision-Ships on approaching courses-Negligent navigation of one ship imperilling other-Wrong step taken by other ship when collision imminent-Whether blame should be apportioned-Regulations for Preventing Collisions at Sea, r. 18, r. 19, r. 21, r. 28 (a) and r. 28 (b). 
Practice-Trial—Ships in collision—Evidence given of inconsistent testimony by witnesses at previous port enquiry—Whether irregular procedure vitiates trial -Indian Evidence Act, 1872, s. 145, s. 155 (3)—Eastern African Court of Appeal Rules, 1954, r. 77. 
 

Mortgage—Equitable mortgage by deposit of title deeds—Memorandum that mortgagee entitled to legal mortgage on demand—Action by mortgagee for sale without demand for legal mortgage—Whether action premature- 
C Whether court has power to order sale or foreclosure-Registration of Titles Ordinance, s. 3, s. 9 (3), s. 30, s. 113, s. 114, s. 115, s. 116, s. 117, s. 130, s. 131 and s. 138 (U.)—Uganda Order in Council, 1902, s. 15 (2) (U.)—Uganda Land Regulations, 1897 (U.)—Registration of Documents Ordinance, 1904 (U.)—Registration of Land Titles Ordinance, 1908, s. 6 (11) (U.)—Equitable Mortgages Ordinance, 1912 (U.)—Registration of Titles (Amendment) Ordinance, 1931, s. 2, s. 3 and s. 4 (U.)—English Conveyancing Act, 1881–English Chancery Procedure Act, 1852, s. 48. 
 

Shipping-Carriage by sea—Negligence—Bill of lading for goods issued by company-Identity of ship owners not explicitly stated on bill of lading— Bill signed by ship's captain—Captain a part owner—Goods lost at sea— Whether captain as part owner liable for negligence—Carriage of Goods by Sea Ordinance (Cap. 164), Schedule, art. IV, r. 2 (a) (T.). 
 

Practice Court of Appeal—Extension of time for appeal—Record for appeal lodged without copy of decree appealed from—Decree extracted after time had expired-Discretion of court to extend time for "sufficient reason"- What is not “sufficient reason”—Eastern African Court of Appeal Rules, 1954, r. 9, r. 10 A., r. 54, r. 56, r. 58 and r. 72—Civil Procedure Ordinance (Cap. 6), s. 2, s. 60, s. 68 (U.). 
 

Contract-Undertaking to assume responsibility for debt—No affirmative evidence establishing consideration given at trial-Appellant's contention that con- sideration not given—Trial judge's inference from facts that consideration given-Indian Contract Act, 1872, s. 25. 
 

Criminal law—False accounting—Intent to defraud—Whether appellant's purpose in making false entries to show a higher profit than was actually made established an intention to defraud-Penal Code, s. 305 (U.)—Criminal Procedure Code, s. 337 (U.).

Costs-Fee paid to court for certified copy of judgment-Whether necessary item in party and party bill of costs. Costs Instruction fee-Party succeeding on appeal and cross-appeal-Quantum allowed on taxation—Eastern African Court of Appeal Rules, 1954, Third Schedule, para. 24.

Rent restriction—Verbal notice to quit—Validity of notice-Premises duly vacated B but keys temporarily retained by tenant beyond expiration of term—Whether tenant still in occupation—Rent Restriction Ordinance (Cap. 301), s. 26 (1) (T.). 
 

Practice-Evidence—Application to take evidence of plaintiffs on commission— Civil Procedure Rules, O. 25, r. 4 and O. 16, r. 11 (U.). 
 

Criminal law-Insanity-Accused a high-grade mental defective-Meaning of "disease affecting the mind”—Penal Code, s. 11, s. 12 (U.)—Trial of Lunatics Act, 1883—Criminal Procedure Code, s. 166 (U.). 
 

Native law and custom—Mailo land—Sale by African vendor to African purchaser -Breach of contract-Whether Principal Court or High Court has jurisdiction-Buganda Courts Ordinance (Cap. 77), s. 7, s. 11 (U.)— Registration of Titles Ordinance (Cap. 123), Part VII (U.

Bankruptcy Bankrupt's salary or income-Application for order for monthly 
payments to trustee—Bankrupt a broker without fixed salary or income- Whether earnings as broker are salary or income within s. 54 (2) of the Bankruptcy Ordinance (Cap. 29) (U.). 
 

Trust and trustee—Charitable trust—Application by trustees to pay administra- tive and maintenance expenses out of capital instead of income as required by trust No income available as trust funds not invested-Whether court has power to grant application.