Results.
14 judgments found.
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| October 1963 |
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Practice-Review-Election petition—Petition successful—Order for costs— application for review of order for costs-Ground for review that judge took erroneous view of evidence and law-Whether application competent— Jurisdiction—Civil Procedure Ordinance (Cap. 6), s. 83 (U.)—Civil Procedure Rules Order, 42 (U.)
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31 October 1963 |
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Administration of estates-Deficiency—Estate of merchant insolvent—Stock-in-trade of estate pledged to creditor by executor-Consideration given by creditor-Validity of pledge—Succession Decree (Cap. 21), s. 274 (Z.)
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24 October 1963 |
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Distress-Illegal distress—Distress levied by court bailiff—Instructions to levy distress for landlord of residential flat—Distress levied at office premises— Error due to instructions received from advocates-Whether advocates liable to indemnify court bailiff. Damages: Illegal distress—Inventory of goods taken by court bailiff—Goods not removed from premises-Measure of damages
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24 October 1963 |
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Guarantee-Construction—“We undertake to guarantee" -Whether this is a guarantee or an undertaking to give a guarantee when asked
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21 October 1963 |
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Costs—Taxation—Instructions fee-Claim and counterclaim—Judgment for plaintiff on claim and counterclaim with costs-Claim and counterclaim arising out of one transaction-Instructions fee upon counterclaim-Principle of taxation to be applied
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21 October 1963 |
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Income tax-Sale of land-Profits-Purchase of coffee estate-Losses from cultivation of coffee—Subsequent user of land for other farming projects— Decision by owner to sell land—Land subdivided into plots-Roads and water installed-Plots sold at profit-Whether realization of investment or trading in land. Income tax-Practice-Judicial decision as authority-Words in East African legislation different from British statute— Authority in East Africa of decisions in England upon similar legislation. Judgment-Judicial decision as authority—Income tax-Words in East African legislation different from British statute—Authority in East Africa of decisions in England upon similar legislation
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20 October 1963 |
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Hire purchase-Motor vehicle—Purchase of vehicle on credit—Purchaser unable to pay balance to dealer—Application made to finance company—Finance company willing to lend to third party—Third party enters into hiring agree- ment-Purported invoicing of vehicle by dealer to finance company- Instalments payable by third party guaranteed by dealer-Default by third party-Action by finance company against dealer on guarantee-Whether transaction genuine hire-purchase
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16 October 1963 |
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Slander-Privilege-Words spoken by advocate before licensing authority- Statement made on instructions—Whether occasion privileged. Slander-Qualified privilege-Malice-Words spoken by advocate before licensing authority-Words spoken on client's instructions—Instructions believed true— Whether express malice proved. Slander-Pleading-Plaint stating that words spoken and published "falsely and maliciously”—Defence of absolute or qualified privilege—No reply alleging express malice-Whether reply alleging malice necessary—-Indian Code of Civil Procedure, 1908, O.19, r. 6
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10 October 1963 |
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Criminal law-Charge-Duplicity—Driving motor vehicle in reckless manner and at a speed that was dangerous to the public—Distinction between con-junctive and disjunctive particulars of the offence. Street traffic-Charge—Duplicity—Driving motor vehicle in reckless manner and at a speed that was dangerous to the public-Distinction between con-junctive and disjunctive particulars of the offense
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7 October 1963 |
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Criminal law-Practice-Further counts added to original charge—Additional counts during trial—Accused not informed of rights—Right to recall witnesses and adjournment-Irregularity-Prejudice to accused-Miscarriage of justice
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7 October 1963 |
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Criminal law-Practice-Charge—Misjoinder—Two accused—Same complainant -Alleged offences occurring at different places, on different dates, and with different weapons
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7 October 1963 |
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Criminal law-African courts—Audi alteram partem—Witness—Witness held to be lying-Sentence of imprisonment-Witness not heard in his defence— Whether conviction and sentence illegal-African Courts Ordinance, 1957 (U.), s. 17 (2)
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2 October 1963 |
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Mohamedan law-Gift inter vivos-Validity-Gift of house effected by purported deed of sale- Consideration stated in deed not paid-Deed registered— Donor and donee residing in the house at time of gift-Whether donor must leave house after gift-Intention of donor
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2 October 1963 |
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Landlord and Tenant—Distress—Agreement to pay higher fees than those allowed bythe Distress for Rent Rules-Subsequent claim for the excess by the landlord -Whether agreement illegal-Whether parties in pari delicto. Bailiff-Distress-Remuneration-Whether officer of court entitled to retain commission in excess of that provided by Distress for Rent Rules
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1 October 1963 |
