Results.
7 judgments found.
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| November 1963 |
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Criminal law-Trial-Nullity-Summons served in respect of one charge- Appearance by accused—Accused then charged and tried on other charges— Accused informed of other charges before trial—Plea taken—No request for adjournment-Whether trial a nullity. Criminal law-Practice-Record of trial—Trial before African District Court, Proceedings recorded in English and not in Lutoto—Irregularity
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29 November 1963 |
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Carriage of Goods—Carriage by road—Contract—Exemption clause-Loss of goods-No evidence as to how loss occured-Exemption clause excluding liability of carrier unless fundamental breach in performance of contract proved—Burden of proof of proving fundamental breach—Whether burden C of proof on carrier or consignee of goods. Contract-Carriage of goods-Exemption clause-Loss of goods-No evidence as to how loss occurred-Exemption clause excluding liability of carrier unless fundamental breach of performance of contract proved—Burden of proof of providing fundamental breach—Whether burden of proof on carrier or consignee of goods. Evidence-Burden of Proof-Non-delivery of goods by carrier-Evidence Act 1963 s. 112 (K.)
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22 November 1963 |
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Income tax-Income—Ex gratia payment—Appointment of agent terminated after many years of service—Ex gratia payment of £5,000—Personal gift by principals offered by letter-Payment made after termination of employment—Payment in appreciation of long and loyal service—Whether taxable as gains or profits from employment or services rendered
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20 November 1963 |
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Sale of goods-Breach of warranty-F.O.R. contract—Goods consigned to a place other than as instructed by the buyer—Delivery not accepted by the buyer—Whether the buyer is entitled to reject the goods
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11 November 1963 |
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Appeal Powers of court on second appeal—Ruling at trial of no case to answer— Ruling reversed on first appeal—Grounds of misdirection—Further appeal. Practice Appeal—Powers of court on second appeal—Ruling at trial of no case to answer—Ruling reversed on first appeal-Grounds of misdirection— Further appeal on grounds of misdirection
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6 November 1963 |
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Hire purchase-Guarantee Guarantee given after execution of hire purchase agreement—Consideration for guarantee being the hiring at guarantor's request-Whether good consideration. Damages-Hire purchase-Hiring terminated by owner-Motor vehicle not Returned to owner—Assessment of damages
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5 November 1963 |
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Insurance-Motor insurance—Discharge of insurers—Accident-Vehicle repaired on insurers' instructions—Discharge voucher signed by insured—Action for declaration that insured not bound by discharge voucher-Allegation that discharge voucher signed under misrepresentation of fact—Estoppel
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1 November 1963 |
