All courts - 1959 May

Habeas Corpus—Application by mother-Daughter over eighteen becoming Muslim and marrying Muslim according to religious rites—No allegation of restraint-Whether ground exists for issue of writ. Conflict of laws-Girl domiciled in Scotland marries Muslim in Kenya according to religious rites after becoming Muslim-Lack of parental consent to marriage-Whether marriage valid—Mohammedan Marriage, Divorce and Succession Ordinance (Cap. 148) (K.)—East Africa Order in Council, 1911, art. 2-Colonial Marriages Act. 1865, s. 1. 
 

Constitutional law-Protectorate-Agreement between Crown and African ruler-Act of State—Jurisdiction of court to consider whether legislation is ultra vires Act of State-The Ankole Agreement, 1901 (U.)—Uganda Order-in-Council, 1902, s. 2, s. 7, s. 13, s. 14, s. 15 (U.)—Foreign Jurisdiction Act, 1890 -District Administration (District Councils) Ordinance, 1955, as amended, s. 25 A, s. 69 (U.)—Crown Lands Ordinance (Cap. 117), s. 2, s. 24, s. 35 (a) (U.)—Crown Lands (Declaration) Ordinance (Cap. 118), s. 2 (U.)—Suits By 
G or Against the Government Ordinance (Cap. 7), s. 2 (U.)—Ankole Constitutional Regulations, 1955 (U.)—Crown Lands (Adjudication) Rules, 1958, r. 3, r. 14 and r. 17 (U.)—Buganda Native Laws (Declaratory) Ordinance (Cap. 71), s. 3 (U.)—The Buganda Agreement, 1955, First Schedule, Second Schedule (U.) -Buganda Agreement, 1955, Order in Council, 1955, s. 2 (2) (U.)—Evidence Ordinance (Cap. 9), s. 43, s. 46 (U.)—Civil Procedure Rules, O. 16, H 2 (U.). 
 

Administration of estates—Partition—Application by Administrator-General for directions either to vest or partition property among heirs-Whether court has power 
to order partition except on beneficiary's application- Administrator-General's Decree (Cap. 12), s. 17 (Z.)—Succession Decree C (Cap. 13), s. 7, s. 179 and s. 264 (Z.)—Indian Probate and Administration Act, 1881-Rules of Court, 1922 to 1934, r. 33 (Z.)

Practice-Execution against sureties—Adjustment of decree-Indian Code of 
Civil Procedure, 1908, s. 47, s. 145 and O. 21, r. 2. Evidence Guarantee-Letter of guarantee to have been signed originally by four-Signed by three with oral assurance that three signatures were sufficient security. Whether oral evidence admissible to establish the assurance—Indian Acts (Application) Ordinance (Cap. 2 Supp. 56), s. 4 (T.)— Tanganyika Order-in-Council, 1920, art. 17 (2) (T.)—Indian Contract Act 1872, s. 10, s. 144—Statute of Frauds 1677, (29 Car. 2, c. 3), s. 4— Indian Evidence Act, 1872, s. 92—Indian Limitation Act, 1908, First Schedule, art. 174. 
 

Rates-Exemption-Land owned privately used exclusively by vehicles and members of the public-Whether land entitled to exemption from rates— Local Government (Rating) Ordinance, (Cap. 317), s. 3 (9) (T.). 
 

Sale of goods-Sale by description-Goods not in accordance with description— Goods rejected by buyer-Whether the buyer is entitled to reject the goods. Insurance-Marine insurance-Insurance by buyer of goods-Goods insured rejected by buyer—Goods damaged while lying at wharf-Endorsement of policy to seller by buyer after goods rejected and after loss sustained- Whether buyer has any interest in policy after rejecting goods—English Marine Insurance Act, 1906, s. 5 (1), s. 6 (1) and (2), s. 7 (1) and (2) and s. 51. 
 

Sale of goods-Manufacturer's agent forwarding indent on own stationery to principal for acceptance-Goods found unsatisfactory-Whether agent as agent for a foreign principal liable to purchaser-Indian Contract Act, 1872, s. 230 (1)

Constitutional law—Protectorate—Interpretation of agreement with Crown— Schedules to agreement but not agreement itself given force of law by proclamation—Whether agreement an Act of State-Whether rules for interpretation of legislation or of contracts applicable-Buganda Agreement, 1955-Buganda Agreement, 1955, Order-in-Council, 1955, s. 2 (1), s. 2 (2)— Buganda Agreement, 1894—Buganda Agreement, 1900—Uganda Order-in- Council, 1902, s. 12, s. 15—Uganda Order-in-Council, 1920, s. 7, s. 8, s. 9, s. 13-Uganda (Amendment) Order-in-Council, 1953, s. 4-Uganda (Electoral Provisions) Order-in-Council, 1957—Uganda (Amendment) Order-in-Council, 1958-Interpretation and General Clauses Ordinance (Cap. 1), s. 2 (1) (U.)—Evidence Ordinance (Cap. 9), s. 9, s. 55, s. 90, s. 91, s. 94, s. 95 (U.) -Indian Evidence Act, 1872, s. 57—Extradition Act, 1870. 
Jurisdiction—Act of State—Jurisdiction of municipal courts to entertain claim against the Crown-Eastern African Court of Appeal Order-in-Council, 1950, s. 16—Suits By or Against the Government Ordinance (Cap. 7), s. 3, s. 4 (U.)—Uganda Civil Procedure Rules, O. 7, r. 11—English Rules of the Supreme Court, O. 25, r. 5—Kenya Civil Procedure (Revised) Rules, 1948, O. II, r. 7-Uganda Order-in-Council, 1902, s. 15 (2)

Jurisdiction—Action in High Court for recovery of liquidated sum—Action between African parties—Whether principal court or High Court has jurisdiction-Buganda Courts Ordinance (Cap. 77), s. 7 (U.). 

Practice Leave to appeal to Privy Council—Failure to give notice of intended 
application for leave-Failure to apply for leave within time limited- Whether court can extend time—East African (Appeal to Privy Council) C Order in Council, 1951, s. 3, s. 4 and s. 6—Eastern African Court of Appeal Rules, 1954, r. 79. 
Practice Judgment—Court of Appeal Decision given orally after hearing but reasons in writing given later—Whether “judgment" is the decision or the subsequent reasons—East African (Appeal to Privy Council) Order in Council, 1951, s. 4—Indian Code of Civil Procedure, s. 2 (9)—Civil Procedure (Revised) Rules, 1948, O. XX, r. 4 (K.)—Interpretation and General Clauses Ordinances, 1956, s. 2 and s. 53 (6) (K.)—English Rules of Supreme Court, O. LXIV, r. 3 -Kenya Colony Order in Council, 1921, s. 4 (K.). 
 

Costs-Appeal-Practice of the Court of Appeal. 
Costs-Certificate for two counsel—Noting brief.

Customs-False declaration—Watches imported by traveller, including watch worn by him, not declared—Whether watch worn by traveller is within the term “personal effects" and exempt from duty—East African Customs Management Act, 1952, s. 149, s. 160 (1), s. 162 (2)—Item 144 of the First Schedule to the Customs Tariff Ordinance, 1958, (No. 27 of 1958)

Moneylender-Loan to a firm—Memorandum signed by a partner-Memorandum not signed by retired partner who had not given notice of his retirement— Sufficiency of memorandum to render retired partner liable-Moneylenders Ordinance (Cap. 307), s. 11 (1) (K.)—Moneylenders Act, 1927, s. 6 (1)— Partnership Ordinance (Cap. 284), s. 7 (K.). 
Moneylender-Contract for repayment unenforceable—Whether moneylender can H recover loan as money had and received-Indian Contract Act, 1872, s. 2 (g), s. 2 (h) and s. 65.