Results.
9 judgments found.
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| July 1963 |
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Limitation—Application for review of judgment—Application made 95 days after delivery of judgment-Delay due to failure to appreciate implications of judgment-Whether “sufficient cause" shown for extension of time—Exercise of discretion to extend time—Indian Limitation Act, 1908, s. 5 and First C Schedule, art. 162 and art. 183
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30 July 1963 |
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Criminal law-Possessing an instrument of housebreaking-Whether "pencil" torch, an instrument of housebreaking
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26 July 1963 |
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Contract—Illegality—Lease—Mailo land-Lease by African to non-African— Non-African in possession for years--Statutory consents not obtained— Transaction illegal—Whether parties in pari delicto—Recovery of possession —Possession of Land Law (Cap. 25) (Native Laws of Buganda Revised Edition, 1957), s. 2—Land Transfer Ordinance (Cap. 114), s. 2, s. 3 and s. 4 (1) (U.)
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22 July 1963 |
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Practice-Appeal to Privy Council—Limitation—Application for leave to appeal— Application to be made within twenty-one days from judgment—Application not made within twenty-one days but made within sixty days—Application dismissed by a single judge as being out of time—Legislation amended re- storing former time limit of sixty days—Reference to full court-Whether amending legislation has retrospective operation—Kenya (Procedure in Appeals to Privy Council) Order-in-Council, 1962, s. 3 and s. 5—Eastern African (Appeal to Privy Council) Order-in-Council, 1951, s. 4-Court of Appeal for Eastern Africa (Appeal to Privy Council) Order-in-Council, 1962, s. 1—Kenya (Constitution) (Amendment) Order-in-Council, 1962— Kenya (Procedure in Appeals to Privy Council) (Amendment) Order-in-Council, 1963, s. 2—Eastern African Court of Appeal Rules, 1954, r. 9, r. 19 (6) and r. 88. Statute-Retrospective operation-Amendment of legislation limiting time for an appeal-Procedural provision—Whether amendment has retrospective operation—Kenya (Procedure in Appeals to Privy Council) Order-in-Council. 1962, s. 3—Kenya (Procedure in Appeals to Privy Council) (Amendment) Order-in-Council, 1963, s. 2
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16 July 1963 |
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Trade Mark-Use of own name by trader—Trade mark registered—Use of own name by trader's son—Name not registered—Similarity of trade marks— Bona fide use—Whether use of own name by son constitutes infringement— Meaning of "bona fide”—Trade Marks (United Kingdom) Registration Ordinance (Cap. 151), s. 6 (A.)—Trade Marks Act, 1938, s. 4 and s. 8— Trade Marks Act, 1905, s. 44—Jamaican Trade Marks Law, s. 44
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12 July 1963 |
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Practice-Plaint-Summary procedure-Claim for mesne profits and vacant possession of premises-Whether plaint correctly endorsed for summary procedure-Civil Procedure Rules, O.XXXIII (U.)
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10 July 1963 |
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Constitutional law-Uganda-Independence-Buganda-Constitution of Uganda -Effect on taxing laws of Buganda-Uganda (Independence) Order-in-Council, 1962, s. 4 and s. 26 (U.)—Buganda Graduated Tax Law, 1954– The Constitution of Uganda, s. 74 and s. 95 and item 6 of Part I of Schedule 7 (U.)—Constitution of Buganda, art. 41 (U.)—Buganda Native Laws (Declaratory) Ordinance (Cap. 71) (U.)—Uganda Agreement, 1900 (U.) — Buganda Agreement (Native Laws), 1910 (U.)—Buganda (Declaratory) Agreement (Native Laws), 1937 (U.)—Buganda Agreement, 1955, Order- in-Council, 1955, First and Second Schedules (U.)—Uganda (Constitution) Order-in-Council, 1962, s. 4
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10 July 1963 |
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Shipping-Carriage by sea—Breach of contract—Dead freight—Shipping space booked for cement-Cement to be loaded at Mombasa for port at Mada- gascar-Shipping space subsequently cancelled before ship leaves port of origin-Claim for dead freight—Whether claim maintainable when ship sails fully loaded from Mombasa. Shipping Carriage by sea–Lien—Shipping space booked for cement—Cement to be loaded at Mombasa for Madagascar—Shipping space cancelled before ship leaves port of origin—Claim for dead freight—Offer by same shipper of another cargo at Mombasa—Lien claimed on other cargo when loaded for dead freight arising from earlier booking-Whether lien enforceable. Shipping-Carriage by sea-Usage-Breach of contract-Shipping space booked for cement-Ship not calling at Mombasa—Ship diverted to Mombasa— Shipping space cancelled before ship leaves port of origin—Claim for dead freight-Claim of usage at Mombasa that space booked can be cancelled by reasonable notice
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3 July 1963 |
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Hire purchase-Failure of consideration-Impossibility of performance-Motor vehicle totally destroyed through a collapsing bridge—No wrongful act or omission by the hirer alleged—Duty of the hirer to insure—Vehicle not so insured —Whether parties are relieved of obligations under the agreement by the destruction of the vehicle
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1 July 1963 |
