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Citation
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Judgment date
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| September 1963 |
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Criminal law-Charge-Irregularity-Charge of contravening statute-Offence alleged a contravention of an order made under statute—Order contravened not specified in charge—Whether charge bad. Criminal law-Plea- Equivocal plea- Charge of contravening statute-Offence alleged a contravention of an order made under statute—Admission by accused not an unequivocal plea of guilty to offence charged
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30 September 1963 |
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Criminal law-Maize marketing and control-Burden of proof-Charge of illegal possession of maize—Conviction of harvesting and dealing with maize contrary to law-Finding that the accused must prove lawful possession and dealing—Misdirection—Maize Marketing Ordinance (Cap. 338), s. 42 (K.)
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30 September 1963 |
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Criminal law-Unlawful possession of livestock-Plea-Unlawful possession in a proclaimed area of stock suspected of having been stolen—Equivocal admission by the accused
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30 September 1963 |
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Criminal law-Receiving or retaining stolen property—No evidence that goods were stolen―No evidence that the accused knew goods were stolen- Circumstantial evidence -Concealment of goods-Whether the circumstances of possession were sufficient proof that the goods were stolen or received with that knowledge
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30 September 1963 |
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Execution Attachment of goods-Distress for rent levied on goods subject to attachment-Goods sold by court bailiff-Goods sold under warrant of sale issued by court-Proceeds of sale deposited in court-Priority—Whether landlord has priority for arrears of rent over judgment-creditor's claim- Distress for Rents (Bailiffs) Ordinance (Cap. 116) (U.)—Judicature Ordinance, 1962, s. 2 (b) (i) (U.)—Statute of 8 Anne, c. 14, s. I (U.K.). Practice-Execution—Attachment of goods—Distress for rent levied on goods subject to attachment-Goods sold under warrant of sale issued by court- Proceeds of sale deposited in court-Application by landlord claiming priority for arrears of rent-Whether application competent-Civil Procedure Ordinance (Cap. 6), s. 101 (U.). Distress—Arrears of rent-Distress levied on goods subject to attachment— Goods attached previously under court order—Goods attached for judgment debt-Goods removed and advertised for sale by bailiff levying distress— Procedure to be followed by landlord and bailiff levying distress when goods already attached-Court Brokers Rules, 1956, r. 3 (U.)—Courts (Rules) Ordinance, 1956 (U.)—Distress for Rents (Bailiffs) Ordinance (Cap. 116) (U.)
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27 September 1963 |
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Pleading-Limitation of action-Exemption from limitation-Exemption claimed on ground of mutual open and current account-Ground of exemption not pleaded. Limitation of action-Action founded on account stated-Account stated orally -Period of limitation applicable-Indian Limitation Act, 1908, First Schedule, arts. 64 and 115
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24 September 1963 |
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Criminal law-Evidence—Strict proof required of admissions—Indian Evidence Act, 1872, s. 58. Criminal law—Trial—Assessors—Opinion of assessors not taken specifically C whether accused guilty or not guilty as charged-Desirability of obtaining such opinion-Criminal Procedure Code (Cap. 20), s. 283 (1) (T.). Criminal law-Murder-Plea of self-defence-Deceased killed while attempting to apprehend accused-Accused in state of fear and anticipating severe beating if caught-Whether plea of self-defence available-Penal Code, s. 18 (T.)—Criminal Procedure Code (Cap. 20), s. 32 (1) (T.)
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14 September 1963 |
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Criminal law-Practice-African court-Record containing no details of charge and particulars—Importance of recording charge and its particulars—African Courts Ordinance, 1957, s. 12 (U.). Criminal law-Jurisdiction—Nullity—African court-Case tried without juris- diction-Trial a nullity—African Courts Ordinance, 1957, s. 8 and s. 10 (U.)—Penal Code (Cap. 22), s. 228 (U.)
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2 September 1963 |
