All courts - 1963 January

7 judgments
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Results. 7 judgments found.

7 judgments
January 1963
  • Criminal law-Sentence—Causing obstruction or disturbance in the course of judicial proceedings-Sentence greater than maximum prescribed by law-Penal Code (Cap. 24), s. 121 (K.)—Penal Code (Cap. 16), s. 114 (1) (c) and (2) (T.)
30 January 1963
  • Criminal law-Intimidation—Trade union—Employee told by employer he would be dismissed if he became a member of a particular union—Whether threat of personal violence necessary to constitute intimidation-Trade Unions Ordinance C (Cap. 381), s. 48 and s. 50 (1) (a) (T.)—Conspiracy and Protection of Property Act, 1875, s. 7—Trade Disputes and Trade Unions Act, 1927, s. 3 (2)— Employment Ordinance (Cap. 366), s. 14 (a) (T.)
30 January 1963
  • Income tax-Appeal—Non-compliance with Income Tax (Appeal to the Kenya Supreme Court) Rules 1959–Memorandum of appeal not accompanied by copy of notice of appeal or statement of facts—Application to strike out appeal-Powers of court to strike out appeal—Income Tax (Appeal to the Kenya Supreme Court) Rules, 1959, r. 3, r. 4, r. 5, r. 6, r. 9, r. 11, r. 12 and Hr r. 18 (K.)—East African Income Tax (Management) Act, 1958, s. 11, s. 109, s. 110, s. 113 and s. 117—Civil Procedure (Revised) Rules, 1948, O. XLI, r. 8, O. XLIX, r. 5 (K.)
28 January 1963
  • Divorce―Jurisdiction—Petition for divorce under the Colonial and Other Terri- tories (Divorce Jurisdiction) Acts, 1926 to 1950–Whether the Acts apply in Tanganyika after attainment of the status of a republic—Colonial and Other Territories (Divorce Jurisdiction) Acts, 1926 to 1950—Republic of Tanganyika (Consequential, Transitional and Temporary Provisions) Act, 1962, (Constitu- tional Act No. 2), s. 4 and s. 5 (T.)—Republican Constitution, (Constitutional Act No. 1), (T.). Divorce―Jurisdiction—Petition for dissolution of marriage—Nature of residence to found jurisdiction—Indian and Colonial (Divorce Jurisdiction) Act, 1926, s. 1
23 January 1963
  • Criminal law-Evidence-Evidence of whereabouts of place of commission of alleged offence—“Proclaimed area”—Failure of prosecution to produce copy of Proclamation or to prove that locus in quo was within the area— Judicial notice of location of towns and villages within jurisdiction—Stock and Produce Theft Ordinance, s. 10 (1) (K.)
16 January 1963
  • Mortgage-Equitable mortgage by deposit of title deeds—Memorandum of equitable mortgage signed by mortgagor but not registered—Validity—Land Titles Ordinance (Cap. 159, 1948) (Cap. 282), s. 59 (K.)—Equitable Mortgages Ordinance (Cap. 152, 1948) (Cap. 291), s. 2 (K.)-Equitable Mortgage (Amendment) Ordinance, 1958, (K.)—Land Titles (Amendment) Ordinance, 1959, s. 9 (K.)—Interpretation and General Provisions Ordinance, 1956 (Cap. 2), s. 23 (3) (c) (K.). Money-lender-Loan—Loan secured by equitable mortgage by deposit of title deeds-Memorandum of equitable mortgage signed by mortgagor but not registered—Enforcement of repayment of loan—Whether transaction exempted from Money-lenders Ordinance—Money-lenders Ordinance (Cap. 307, 1948) (Cap. 528), s. 3 (1) (b) (K.). Statute-Retrospective operation—Lending litigation—Land Titles Ordinance (Cap. 159, 1948) (Cap. 282), s. 59 (K.)—Land Titles (Amendment) Ordinance, 1959, s. 9 (K.)
16 January 1963
  • Criminal law—Murder—Insanity—Insanity not raised as defence by accused— Issue of insanity raised by prosecution at opening of trial—Whether course adopted by prosecution correct
12 January 1963