All courts - 1959

Criminal law—Plea—Accused admitting charge of neglect of duty by servant in preserving employer's property—Particulars of offence defective-No averment in particulars of lawful act which accused refused or omitted to do -Whether accused's plea constitutes unequivocal admission of offence charged-Employment Ordinance, s. 67 (1) (b) (K.). 
 

Appeal Jurisdiction-Private prosecutor-Accused acquitted by magistrate— Appeal by case stated dismissed—Further appeal filed by private prosecutor without consent of attorney-general-Whether second appeal competent— Penal Code (Cap. 24), s. 308, s. 309 (K.)—Criminal Procedure Code (Cap. 27), s. 2, s. 86, s. 88, s. 89, s. 90, s. 171, s. 360, s. 367 (K.). 
 

Mohamedan law-Infant-Custody—Parents both Muslims of different sects— Whether law of either religious community applicable—Whether anyone has absolute right to custody of infant

Practice-Pleading—Action against partners of dissolved firm—Partners sued by their individual names and as former partners-Partners entering appearance individually—Joint defence filed—Application to strike out appearances and defence-Civil Procedure (Revised) Rules, 1948, O. XXIX, r. 1 (K.). 
 

Rent restriction—Standard rent—Substantial reconstruction of premises— Application for assessment of standard rent—Change of character and identity of dwelling house by alterations—Whether house “substantially reconstructed”- Rent Restriction Decree, 1953, s. 4 (1) (a) and (b) (Z.). 
 

Guarantee-Construction—Interest stated in schedule but not in body of bond- Whether guarantor liable to pay interest-Default in instalment by principal debtor-Whether delay in notifying default to guarantor discharges liability -Indian Contract Act, 1872, s. 134 and s. 137. 
 

Practice Court of Appeal-Record for appeal lodged without copy of decree appealed from—Application for leave to file supplementary record including decree made and granted—Whether appeal competent-Eastern African Court of Appeal Rules, 1954, r. 56, r. 62 (4) (e).

Criminal law-Jurisdiction—Conviction of accused after plea of “not guilty”- No evidence called-Whether conviction ultra vires. Criminal law-Practice-Withdrawal of charge by Crown after accused admits charge—Magistrate subsequently proceeding to conviction and sentence— Whether conviction and sentence valid-Penal Code (Cap. 24), s. 270 (K.)— Criminal Procedure Code (Cap. 27), s. 87, s. 320 and s. 321 (K.). 

Criminal law-Evidence-Confession-Admission of charges to police officers while in custody—Allegation by accused that confessions obtained by force— No inquiry by trial magistrate whether confessions made voluntarily— Whether confessions admissible—Whether safe to convict upon retracted confession in absence of corroboration—Indian Evidence Act, 1872, s. 25

Rent restriction-Premises comprising shop and dwelling accommodation—No express provision in lease as to nature of letting—Whether "contemplated user” or “actual user" is primary factor in determining whether premises subject to rent restriction—Rent Restriction Ordinance (Cap. 301), s. 2 C (2) (T.). 
 

Mohamedan law-Wakf—Bequest for charitable objects to be chosen by executors 
-Whether the wakf is valid or void for uncertainty. Administration of estates—Bequest for charitable objects to be chosen by executors —Death of executors before charitable objects chosen—Whether the court has the power to select charitable objects to give effect to the bequest.

Rent restriction—Jurisdiction—Application by tenant to determine standard rent and for refund of excess rent-Application heard partly by board and partly by chairman alone-Decision of chairman alone-Whether chairman of board sitting alone entitled to decide application—Rent Restriction Ordinance, s. 2 (2) and 6 (2) (T.)—Rent Restriction (Authorisation) Order, 1951 (T.). 

Criminal law—Practice—Trial—Accused alleged to be unlawfully within Colony— Burden of proof placed on accused by law—Accused required to make his defence that presence lawful-Prosecution case presented afterwards- Whether procedure adopted correct-Immigration Ordinance 1956, s. 15 (1) and s. 18 (K.)—Criminal Procedure Code (Cap. 27), s. 206 and s. 210 (K.). Criminal law-Evidence-Onus of proof placed by law on defense—Standard of proof required to discharge onus-Indian Evidence Act, 1872, s. 105. 
 

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

Criminal law-Theft by servant—Pay of police constables handed to police officer for payment to constables-Money stolen by domestic servant of police officer-Whether theft by servant or simple theft-Penal Code, s. 263, s. 267, s. 270 and s. 276 (K.). 
 

Practice-Application for prerogative order-Crown practice-Proceedings incorrectly intituled-How such proceedings should be intituled

Probate Practice—Revocation of grant—Contested application for revocation— Whether procedure by action or by motion appropriate—Indian Succession Act, 1865, s. 234, s. 238, s. 244 and s. 261—Civil Procedure (Revised) Rules, 1948, O. IV, r. 1 and O. L, r. 1 (K.)—Indian Acts (Amendments) Ordinance (Cap. 2), (K.)—Civil Procedure Ordinance (Cap. 5), s. 89 and s. 100 (K.).

Criminal law-Plea-Manufacturing native intoxicating liquor-Admission by accused not amounting to unequivocal plea of guilty to offence charged- Native Liquor Ordinance (Cap. 106), s. 22 (1) (K.). 
 

Criminal law-Charge-Receiving stolen property-Several articles found in possession of accused Articles stolen from different persons-Receipt of each article the subject of distinct count—Whether misjoinder has occurred -Penal Code (Cap. 24), s. 317 (1) (K.)—Indian Evidence Act, 1872, s. 105. 
 

Criminal law-Forfeiture of vehicle-Vehicle alleged to have been used in commission of offence-No specific finding by trial magistrate that car used - Whether order of forfeiture can be sustained—Penal Code, s. 306 (K.).

Landlord and tenant—Agreement to lease—Assignment of leasehold interest by C original landlord to new landlords—Intimation of change of landlords to lessee—Assignment not registered—Effect of non-registration—Registration of Titles Ordinance (Cap. 123) s. 51 (U.). 
Distress-Illegal distress-Non-payment of rent-Distress levied on goods subject to bill of sale—Distress levied by court broker on instructions from persons not entitled to distrain—Damages—Court broker's liability— Whether court broker a "public officer" acting in pursuance of a "public duty or authority"—Suits By or Against the Government Ordinance (Cap. 7) s. 4 (U.)—Civil Procedure Ordinance (Cap. 6) s. 2 (g) (U.)—Distress for Rent (Bailiffs) Ordinance (Cap. 16) s. 3 (U.)—Public Authorities Protection Act, 1893, s. 1-Law of Distress Amendment Act, 1888, s. 7. 
 

Practice—Stay of execution pending appeal to Privy Council-Taxed costs- When a stay will be ordered-Eastern African Court of Appeal Order-in-Council, 1950, s. 14 (b)—Eastern African (Appeal to Privy Council) Order-in-Council, 1951, s. 7. 

Practice Summary procedure—Conditional leave to defend granted by subordinate court-Application to High Court for revision of order—Powers of High Court to revise interlocutory order-Indian Code of Civil Procedure, 1908, s. 115. 
Bill of Exchange-Cheque payable to cash or bearer-Whether such a cheque is a "bill of exchange, hundi or promissory note" within O. 37, r. 2 of Indian Code of Civil Procedure, 1908–Bills of Exchange Ordinance (Cap. 215), s. 2 (T.).

Street traffic-Vehicle used whilst steering, tyres, brakes, and mechanical condition defective-Vehicle owned by firm of which accused sole proprietrix— Whether accused ignorant of state of vehicle can be properly convicted of “causing" vehicle to be used whilst defective—Traffic Ordinance (Cap. 168), s. 36, s. 63 (T.)—The Traffic Rules, r. 29, r. 45, r. 65 (T.)—Indian Evidence Act 1872, s. 105, s. 106—Indian Acts (Application) Ordinance (Cap. 2) s. 8-Road Traffic Act, 1930, s. 67, s. 72. 
 

Street traffic-Driving permit suspended-Conviction for carrying passengers in commercial vehicle—Whether conviction is offence "in connection with the driving of motor vehicle”—Traffic Ordinance, s. 60, s. 77 (U.)—Motor Car Act, 1903, s. 4. 
 

Easement-Right of way—Alleged breach of covenant for quiet enjoyment- Crown grant-Common lessor-No evidence that Crown caused or permitted alleged breach-Whether lessee has any cause of action against Crown- Crown Lands Ordinance (Cap. 155) s. 76 (b) (K.). Easement-Light-Alleged breach of covenant for quiet enjoyment-Crown grant-Common lessor-No evidence that Crown caused or permitted alleged breach-Whether lessee has any cause of action against Crown— Crown Lands Ordinance (Cap. 155) s. 76 (b) (K.)

Practice-Mortgage—Sale of mortgaged premises under Order of court—Motion to set aside sale dismissed-Whether appeal without leave competent- Whether Order recording dismissal of motion should confirm sale—Indian Civil Procedure Rules, O. XXI, r. 89, r. 90, r. 91 and r. 92—Civil Procedure (Revised) Rules, 1948, O. XXI, r. 75, r. 78, r. 79, r. 80, r. 81 and O. XLII, r. 1 and r. 2 (K.)—Eastern African Court of Appeal Rules, 1954, r. 9 and r. 23. 
 

Criminal law Evidence Extra-judicial statement Statement recorded by magistrate without caution while accused in police custody—Application of Judges' Rules to magistrates when taking statements—Indian Evidence Act, 1872, s. 24 and s. 29. 
 

Criminal law-Unlawful possession of diamonds-Meaning of "possession"— Distinction between physical custody and legal possession-Burden of proof —Diamond Industry Protection Ordinance (Cap. 129), s. 3 (1), s. 7 (1) and C s. 17 (T.)—Penal Code, s. 5 (T.).

Criminal law-Practice-Adjournment—Application for adjournment to engage counsel—Accused warned that no further adjournment would be given— Further adjournment sought—No certainty that advocate would be engaged if adjournment allowed—Adjournment refused—Whether refusal unreasonable -Indian Penal Code, s. 467, s. 477A and s. 409-Poor Persons Defence Ordinance (Cap. 26), s. 3 (Som.). 
 

Pleading Action for price of goods sold and delivered-No averment that price 
agreed or price reasonable—Whether plaint discloses any cause of action— Sale of Goods Ordinance s. 10 (T.)—Indian Code of Civil
Procedure, 1908, First Schedule, O. 6, r. 3, 0. 7, r. 1, r. 11 (a)

Criminal law-Murder-Defence of property-Deceased killed when driving off cattle belonging to appellant-Whether killing in defence of property justified -Penal Code, s. 18 (K.). 
Criminal law-Murder—Provocation—Deceased killed when driving off cattle belonging to appellant—Whether sufficient provocation to reduce charge of murder to manslaughter.

Bailment Storage of goods-Exemption clause-Goods stored in bailees' premises-Bailor's representative given unrestricted access to goods stored — Loss of goods not explained by bailees—Indian Contract Act, 1872, s. 151 and s. 152. 

Evidence-Admissibility—Contract in writing for excavation work—Alteration made in written contract when further work agreed to be undertaken—Oral evidence admitted as to circumstances in which alteration made—Indian Evidence Act, 1872, s. 91 and s. 92. 
 

 Company-Winding-up—Application for leave to commence action after winding-up order made-Debenture holder's application for leave to enforce security -Validity of debenture disputed in other proceedings pending-Whether leave should be granted-Companies Ordinance (Cap. 288), s. 176, s. 184 (K.)—Banks Title to Land (Amendment of Laws) Ordinance, 1958, s. 1 (K.)-Civil Procedure Code, s. 6 (K.)—Civil Procedure (Revised) Rules, 1948, O. XL. r. 1 (K.). 
 

Highway-Nuisance-Repairs-Re-alignment and road level raised four feet— Obstruction of and interference with right of access to land adjoining— Business loss incurred by roadside store and petrol station during roadworks -No statutory powers of repair-Liability of government for loss— Assessment of damages—Crown Lands Ordinance (Cap. 117), s. 28, s. 29 (U.)—Crown Lands (Declaration) Ordinance (Cap. 118) (U.)—Roads Ordinance (Cap. 165), s. 2, s. 4, s. 6 (U.)—Traffic Ordinance, 1951, s. 111 (U.)-Uganda Agreement, 1900, art. 15-Uganda Order-in-Council, 1902, s. 15 (2)—Highway Act, 1835—Public Health Act, 1875. 
 

Fraudulent transfer of business—Business transferred without publication of notice in the Official Gazette—No agreement as to taking over existing liabilities- Transferees held liable in separate action—Action by transferees against F transferor for reimbursement—Fraudulent Transfer of Businesses Ordinance (Cap. 286) s. 3 (K.)—Partnership Ordinance (Cap. 284) s. 11 (K.)—Indian Contract Act, 1872, s. 69 and s. 70. 

Criminal law-Legal aid-Counsel assigned to represent appellant-Application by counsel for leave to withdraw as no ground found for prosecuting appeal -Withdrawal granted—Whether appellant deprived of legal aid or prejudiced —Legal Aid (Criminal Proceedings) Ordinance 1957 (Sey.)—Eastern African Court of Appeal Rules, 1954, r. 39 (1)

(Appeal from H.M. High Court of Uganda—McKisack, C.J.) Money-lender-Memorandum of loan that promissory notes “discounted”- 
Whether promissory notes given by way of security for loan-Whether memorandum defective-Meaning of “discounting”—Money-lenders Ordinance 1951, s. 7, s. 22 (U.). 
 

Landlord and tenant-Trespass-Occupier a trespasser when premises first occupied-Demand by owner for immediate payment of rent—Occupier counter-offering to pay rent later-Whether tenancy created by demand for rent.

Customs-Importing restricted goods without a licence-Onus of proof placed on accused by statute—Quantum of proof required to discharge such onus— Control of Imports Order, 1941, s. 2 (K.)—East African Customs Management Act, 1952, s. 147 (a) (ii) and s. 167 (b)—Indian Evidence Act, 1872, s. 105-Evidence Act (Amendment) Ordinance (Cap. 12), s. 3 (K.). 
 

Criminal law-Company-Director—Failure to hold general meeting to produce accounts and to comply with statute—Evidence given of default-Whether evidence necessary proving that director knew of default-Companies Ordinance, s. 111, s. 113, s. 124, s. 347 (U.). 

Criminal law-Murder-Conviction of being accessory after the fact-Principal in crime known—Principal's conviction of murder quashed-Whether accessory's conviction sustainable—Penal Code, s. 199 (U.)—Criminal Procedure Code, s. 181A (U.)—English Accessories & Abettors Act, 1861, s. 3—Eastern African Court of Appeal Rules 1954, r. 41

Criminal law-Practice-Plea—Plea of guilty to charge of murder—Whether plea equivocal-Steps trial judge should take before recording a plea of guilty to murder. 
 

Practice-Parties—Misjoinder of plaintiffs—Whether misjoinder of causes of action—Right to relief arising out of the same act or transaction or series of acts or transactions—Civil Procedure Rules, O. 1, r. 1 (U.).

Criminal law—“Watching_or_besetting”—What constitutes “watching”—Penal 
Code, s. 76 A (1) (U.). 
Criminal law-Charge-Amendment of charge by trial magistrate after close of prosecution and defence cases—Whether injustice caused to accused- Criminal Procedure Code, s. 213 (U.).

Practice-Service outside jurisdiction—Action for the balance of money for goods sold and delivered—Payment of account to be made within jurisdiction- Plaint defective in essential respect-Affidavit supporting application for service outside jurisdiction defective—Setting aside decree—Civil Procedure (Revised) Rules, 1948, O. V, r. 21 (e) and O. VII, r. 1 (1) (ƒ) (K.). 

 

Company-Receiver-Remuneration-No remuneration agreed—Management and sale of plantation—Whether remuneration assessable on basis of quantum meruit-Whether there is any established practice for professional accountants to charge a specific percentage of price realised for assets sold. 

Pleading Particulars—Action for labour charges and materials supplied-No averment that charges and prices agreed or reasonable—Whether the plaint discloses cause of action—Civil Procedure Rules O. 7, r. 11 (a) (U.).. 

Certiorari—Application for licence-Transport Licensing Board-Board con- sulting own records—Unsuccessful applicant unable to contest records— Whether proceedings in breach of rules of natural justice-Traffic Ordinance, 1951 (as amended by Traffic (Amendment) Ordinance, 1955 (No. 45 of 1955)), s. 85 (2), s. 85 A and s. 85 B. (U.).