All courts - 1961 December

Criminal law-Corruption—Arrest of bicyclist—Money paid to policeman- No agreement to drop charge-No proceedings subsequently—Whether policeman's conduct influenced by gift-Ingredients of offence-Penal Code (Cap. 22), s. 78 (1) (U.). 

Practice-Appeal—Extension of time to file notice of cross-appeal—Application to support decision of lower court on other grounds—Over a year's delay in making application—Mistake of legal adviser—Excessive delay-Discretion -Sufficient cause—Eastern African Court of Appeal Rules, 1954, r. 9 and r. 65 (1) and (3)—Rules of the Supreme Court, O. LVIII, r. 15. Practice-Pleading-Plea of undue influence-No particulars given-Application at trial for this defence to be struck out-So ordered-Evidence given— Defence restored in judgment—Case decided on issue of undue influence— Whether issue before the court-Re-trial-Civil Procedure (Revised) Rules, 1948, O. VI, r. 2 and r. 3 (K.). 

Trust and trustee—Implied trust—Property owned beneficially by members of family-Legal estate vested in trustee-Property sold to connection of family-Purchaser aware of interest of members of family-Purchaser not required to pay price-Collateral agreement between purchaser and members of family to pay price less sum due to him—Whether trust implied. Executor and administrator-Property owned beneficially by members of the family- 
Legal estate vested in trustee-Property sold to connection of family– Purchase subject to interest of members of family-Claim by sub-lessee against purchaser-Claim compromised by purchaser's executors-Whether executors entitled to deduct sum paid to sub-lessee from price due to members of family

Practice Execution—Payment or adjustment of decree—Attachment issued— Settlement between parties before execution—Advocate for decree holders so informs court-Terms of settlement not stated or recorded on court file— Subsequent application for attachment of shares—Prohibitory order made- Application to set aside order-No record of payment or adjustment of decree-Whether application competent——Civil Procedure Ordinance (Cap. 6), s. 35 (1) (U.)—Civil Procedure Rules, O. 19, r. 2 (U.)—Judgments Extension Ordinance (Cap. 11), s. 2 (U.). 
 

Habeas corpus-Arrest in Tanganyika—Warrant issued by a magistrate in Northern Rhodesia—Offences alleged involving conspiracy to destroy property- Whether court has power to order return of applicant—Offences charged alleged to be of political nature-Criminal Procedure Code, s. 348 (d) (T.)— Fugitive Offenders Act, 1881, s. 10, s. 12, s. 14 and s. 19— East African Fugitive Offenders Order-in-Council, 1920, Art. 2 (1)—The Tanganyika Order-in-Council, 1920, Art. 14 (iv) (d) (T.)—Extradition Act, 1870, s. 3. 
 

Income tax-Limitation—Inter-territorial body corporate with full legislative powers-Power to collect income tax in each territory-Whether High Commission is an emanation of the Crown—Whether High Commission is the Crown for collection of income tax-Status of High Commission in constituent territories—East African Income Tax (Management) Act, 1958, s. 124 (1) -East Africa (High Commission) Order in Council, 1947, s. 1, s. 4, s. 9, s. 10, s. 12, s. 28, s. 32, s. 33, s. 48-Indian Limitation Act, 1877, Schedule, Art. 115, 120 and 149-Government Suits Ordinance (Cap. 5), s. 2 (T.)— Indian Acts (Application) Ordinance (Cap. 2), s. 5 (T.)——Indian Code of Civil Procedure, 1908, s. 79. 

 

Guarantee-Appeal-Price payable by principal debtor by agreed monthly installments-Acceptance of instalments of less amount than agreed—No consent by surety-Whether performance of terms of contract varied-Whether surety discharged-Indian Contract Act, 1872, s. 133, s. 134, s. 135, s. 137 and s. 139-Eastern African Court of Appeal Rules, 1954, r. 62, r. 63, r. 77— Indian Code of Civil Procedure, 1908, O. 13, r. 4 (1). 
 Practice-Appeal—New point of law taken on appeal—Point founded on statute law-New point not pleaded—Minds of parties not directed to issue at trial— Whether permissible to take new point of law on appeal.