All courts - 1962 July

Criminal law-Charge-Duplicity—Wrongfully attempting to interfere with or influence witnesses in judicial proceedings-Whether charge duplex-Test of duplicity a failure of justice or prejudice to the accused-Penal Code (Cap. 24), s. 121 (1)·(ƒ) (K.)-Criminal Procedure Code (Cap. 27), s. 137 (b) (i) (K.). 
 

Agent-Contract-Ratification-Negotiations for lease by agent-Stipulation that ratification of principal required-Possession of premises given before duration of lease agreed—Draft lease for three years submitted to lessees— Counter proposal for different period by lessees-Subsequent ratification by principal of three years' term- Ratification not communicated to lessors— Whether contract concluded. 
Practice Appeal—New point taken on appeal—Inconsistent with case at trial— Surprise-Discretion of appellate court to allow point to be argued-Evidence on point taken inconclusive—Whether appellate court should allow new point to be taken. 
 

Appeal Practice - Application for extension of time for lodging appeal Affidavit in support-No statement in affidavit showing merits of appeal— Due diligence in other respects shown by applicant-Whether application competent-Eastern African Court of Appeal Rules, 1954, r. 9 (1), r. 19 (6) and r. 58. 
 

Criminal law-Trial-Witness called by court-Right of court to call witnesses after defence case closed-Limitation upon exercise of right—Witnesses called to establish a certain fact—Another recalled to clear up doubts on evidence—Whether course adopted by court irregular-Penal Code (Cap. 16), s. 265 and s. 271 (T.)—Criminal Procedure Code (Cap. 20), s. 151 and s. 346 (T.)—Criminal Procedure Code (Amendment) Ordinance, 1960 (T.). 
 

Criminal law-Murder—Common intention-Two assailants—Each strikes the deceased a blow—Blows struck one after the other-Insufficient evidence to establish which blow caused death—Whether finding of common intention justified Whether the second assailant aider and abettor of the first-Penal Code, s. 22 and s. 228 (U.)—Criminal Procedure Code, s. 180 (U.)—Eastern African Court of Appeal Rules, 1954, r. 41—Appellate Jurisdiction Act, 1962, s. 4 (3) (U.).

Criminal law-Sentence-Conviction of unlawful possession of stock in pro- claimed district-Recovery of fine-Statutory authority for recovery of fine imposed for theft by distress on accused's family and sub-tribe-Distress to issue if fine not paid by accused-Conviction of unlawful possession of stock in proclaimed district—Whether order lawful for levy of distress on accused's family and sub-tribe if fine not paid—Stock and Produce Theft Ordinance (Cap. 206), s. 3, s. 4 and s. 10 (1) (K.). 
 

Criminal law-Theft by conversion—Accused a bankrupt-Official Receiver trustee of accused's property—Income of property collected and outgoings paid by accused-Balance deposited in safe of third party-No concealment of collection of rent or payment of outgoings—Balance of income over expenditure handed over with complete account-Whether fraudulent intention established. 
 

 Street traffic-Dangerous driving-Accused approaching pedestrian crossing at speed on outside lane—Another vehicle on inside lane stopped at crossing— Pedestrian crossing from left-Pedestrian knocked down by vehicle on outside lane-View of crossing on left obscured by other stationary vehicle- Whether negligence constitutes dangerous driving-Traffic Ordinance, 1953, s. 44 (a) (K.). 
Criminal law-Sentence-Dangerous driving—Accused sentenced to imprisonment without option of fine—Imprisonment ordered so that the accused could not buy her way out of the consequences of her act-Whether proper consideration in assessing sentence. 
 

Audience—Revision—African court-Consideration by High Court of proceedings in African court-Whether Director of Public Prosecutions has right of audience in revisionary proceedings—African Courts Ordinance, 1957 (U.)— Constitution of Uganda, s. 68 (U.)—Uganda (Constitution) Order-in-Council, 1962 (U.)—Foreign Jurisdiction Act, 1890

Fatal accident-Damages-Assessment-Contributory negligence claim by widow for death of husband-Husband's contributory negligence—Whether damages reduced by contributory negligence—Apportionment between widow and children. 
 

Rent restriction—Statutory tenancy-Standard rent-Permitted increases of rent-Whether increase can be claimed without prior demand or notice— Rent Restriction Ordinance (Cap. 115), s. 3 and s. 11 (U.). 
 

Street traffic-Defective vehicle—Brakes, steering and mechanical condition defective-Vehicle used on road-Owner charged with permitting vehicle to be driven whilst defective—Mens rea-Whether knowledge that vehicle defective must be proved-Meaning of word "permit”—Traffic Ordinance (Cap. 168), s. 43 (a) and (d), s. 70 (T.)—Traffic Rules, r. 49 and r. 69 (T.)— Motor Vehicles (Construction and Use) Regulations, 1951, reg. 101– Traffic Ordinance, 1953, s. 103 (5) (K.)-Transport Licensing Ordinance (Cap. 237), s. 24 (K.).

Customs-Import duty-Date when duty to be calculated—Arrival of rice in Kenya for transit to Uganda—Goods then subject to suspended duty in Uganda—Order made before goods enter Uganda imposing duty—Whether duty payable on goods entering Uganda—Material date for calculation of duty in territory of ultimate destination-East African Customs Manage- ment Act, 1952, s. 2, s. 16, s. 29, s. 82, s. 97 and s. 104 (1)—East Africa (High Commission) Order-in-Council, 1947, Third Schedule, s. 28, Item 3- Interpretation Act (Cap. 1), s. 2—East African Customs Regulations, 1954, reg. 42—Customs Tariff Ordinance, 1958, s. 1 and s. 3 (U.)—Interpretation and General Clauses Ordinance (Cap. 1), s. 2 (U.)—Eastern African Court of Appeal Rules, 1954, r. 65. 
 

Mortgage-Mortgage not signed by mortgagee-No positive covenants by mortgagee Mortgage registered—Validity of mortgage-Whether absence of mortgagee's signature a matter of substance-Registration of Titles Ordinance (Cap. 123), s. 114, s. 156 and s. 209 (1) (U.). 
 

Costs—Interest—Whether interest on costs payable without specific order—Indian Code of Civil Procedure, 1908, s. 34 and s. 35—Civil Proceedings (Interest on Judgment Debts) Rules, 1956, r. 1, r. 2, r. 3 (T.)—Civil Procedure Ordinance (Cap. 5), s. 26 and s. 27 (K.). 

Practice-Parties—Substitution—Application to dismiss sole defendant from suit and substitute another defendant—Whether application competent—Indian Civil Procedure Rules, O. I, r. 10 (2). 
Practice-Third-party notice-Application for third-party notice as alternative prayer-No local rule authorising issue of third-party notice-Whether court has power to grant application—Judicature and Application of Laws Ordinance, 1961, s. 2 (2) (T.)—Tanganyika Order-in-Council, 1920, art. 17 (2) (T.)— Rules of the Supreme Court, O. XVI, r. 48 to r. 55. 

Criminal law—Attempt—Larceny—Entering unlocked motor car—Car empty— Nothing to steal-Charge of attempted stealing—Whether the accused's conduct was an overt act sufficiently proximate to constitute an attempt to steal—Penal Code (Cap. 16), s. 265, s. 269 (c), s. 380 and s. 381 (T.)—Penal Code (Cap. 24), s. 389 (K.). 
 

Damages-Joint tortfeasors-Assessment-Separate award of damages against each tortfeasor-Whether separate awards made on wrong principle—Proper court to assess damages-Law Reform (Miscellaneous Provisions) Ordinance, 1956, Part III (K.)—Law Reform (Married Women and Tortfeasors) Act, 1935, Part II.