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Citation
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Judgment date
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| 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 |
| June 1963 |
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Practice Parties—Joinder—Action for arrears of salary—Salary due from a firm-Action brought against one partner only—Whether other partner should be joined as co-defendant-Civil Procedure Ordinance, s. 97 (K.)—Partnership Ordinance (Cap. 29), s. 11 (K.)—Indian Contract Act, 1872, s. 43--- Partnership Act, 1890 (U.K.)—Kenya Order-in-Council, 1921, art. 4 (2)
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19 June 1963 |
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Probate and administration—Petition for grant of administration—De bonis non— Executor dead-Administration not completed—Petitioner an heir of an heir— Issue of notices of citation to interested persons—Issue as matter of course- Whether practice correct-Caveat lodged by interested person-Whether C caveat should be lodged—Whether claim of superior right can be asserted by lodging caveat—Indian Probate and Administration Act, 1881, s. 19, s. 20, s. 23, s. 46, s. 69 and s. 70
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17 June 1963 |
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Will Survivor-Life interest to wife and daughter—Gift over to four sons “or survivors or survivor of them”—Death of one son before daughter—Death of another son before mother—When gift vests in legatees—Proportion to which each legatėe entitled—Indian Succession Act, 1865, s. 106 and s. 112. Costs-Probate and administration-Construction of will—Appeal by executor- Whether executor liable to pay costs of appeal personally
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5 June 1963 |
| May 1963 |
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Rent restriction—Standard rent—Alternative accommodation found by former landlord-Possession taken by tenant-Payment by former landlord to new landlord-Claim by new landlord for increased rent—Increased rent paid— Payments later reduced by tenant-Claim by tenant that reduced payments are standard rent-Standard rent determined by board-Appeal-Whether payment by previous landlord a premium-Whether premium illegal-What is standard rent on prescribed date—“Premium”—Meaning of “collusive”— Rent Restriction Act, 1962, s. 4, s. 11 and s. 21 (T.)
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23 May 1963 |
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Criminal law-Murder-Causing death while resisting lawful arrest-Whether malice aforethought implied—Misdirection—Definition of “grievous harm”- Penal Code, s. 189 ands. 190 (K.)—Penal Code, s. 4, s. 186 ands. 209 (2) (U.)
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21 May 1963 |
| April 1963 |
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Criminal law-Possession of housebreaking implements by night-Whether a screwdriver an instrument of housebreaking—Burden of proof—Penal Code (Cap. 63), s. 183 (d) and s. 308 (1) (c) (K:)—Larceny Act, 1916, s. 28
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3 April 1963 |
| March 1963 |
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Jurisdiction-Revision—Civil action in district court-Judgment entered ex parte and decree issued—Extension of time given to file application to set aside decree-Decree set aside—Order of district court setting aside decree set aside by High Court in its revisional jurisdiction—Power of High Court to revise interlocutory order of district court—Whether application to set aside decree and order made thereon constitute a "case which has been decided”—Subordinate Courts (Civil Procedure-Summonses and Pleadings) Rules, 1955, r. 7 (b), r. 17 and r. 23 (1) (T.)—Indian Code of Civil Procedure, 1908, s. 115-Subordinate Courts Ordinance (Cap. 3), s. 10 (T.)—Indian Civil Procedure Rules, O. IX, r. 13—Indian Limitation Act, 1908, First Schedule, art. 164. Jurisdiction-Civil action in district court-Judgment entered ex parte and decree issued—Extension of time given to file application to set aside decree— Decree set aside—Whether district court has power to extend time for filing such application-Subordinate Courts (Civil Procedure-Summonses and Pleadings) Rules, 1955, r. 7 (b), r. 17 and r. 23 (1) (T.)—Indian Limitation Act, 1908, First Schedule, art. 164
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21 March 1963 |
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Criminal law-Causing death by rash or negligent act not amounting_to_man- slaughter-Death caused while driving a motor vehicle—Degree of negligence required—Driver disqualified from holding or obtaining a driving permit- Penal Code (Cap. 22), s. 219 A (U.)-Traffic Ordinance, 1951, s. 60 (1) (U.)
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19 March 1963 |
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Practice Appeal to Privy Council from Court of Appeal-Application for leave to appeal to be made to court within twenty-one days from date of judgment to be appealed from—Notice to be given to respondent of intended application -Notice of motion for leave to appeal filed in court within prescribed time and copy served on respondent-No separate notice of intended application given-Whether separate notice of intended application necessary. Costs-Security for costs-Appeal to Privy Council from Court of Appeal— Application for conditional leave to appeal-Appellant having previously appealed to Court of Appeal in forma pauperis-Whether court should order security for costs-Kenya (Procedure in Appeals to Privy Council) Order-in-Council, 1962, s. 4 (a)
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11 March 1963 |
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Drugs-Chemist-Failing to keep poisons book-No allegation of the sale of any poison-Whether charge discloses any offence—Pharmacy and Poisons Ordinance (Cap. 416, Revised Laws), s. 29 (T.)—Pharmacy and Poisons Ordinance (Cap. 94), s. 21 (T.). Criminal law-High Court-Revisional jurisdiction-Accused charged with com- mitting offences under Ordinance not yet in force—Acts alleged also consti- tuting offences under corresponding provisions of existing Ordinance—Pleas of guilty by accused—Convictions by magistrate-Power of High Court on revision to alter charges so as to charge offences under corresponding pro- visions of Ordinance which was in force when offences committed-Pharmacy and Poisons Ordinance (Cap. 416, Revised Laws), s. 19 and s. 29 (T.)— Pharmacy and Poisons Ordinance (Cap. 94), s. 5, s. 21 and s. 36 (T.)— Criminal Appeal Act, 1907, s. 4 (1)—Criminal Procedure Code (Cap. 20), s. 319 (1), s. 329 (1) and s. 346 (T.)—Revised Laws and Annual Revision Ordinance, 1955, s. 15 (T.)
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8 March 1963 |
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Revenue-Export duty-Assessment-Coffee-Export duty payable on arabica coffee if the value exceeds shs. 3,900/- per ton of Arabica coffee exported to Kenya-Value not exceeding shs. 3,900/- per ton when exported-Arabica coffee processed and cleaned in Kenya-Processed coffee sold in Kenya at a price exceeding shs. 3,900/- per ton-Value of arabica coffee for purpose of determining incidence of export duty-Whether coffee should be valued with or without regard to processing—Basis of calculating export duty—Whether export duty payable-Coffee (Export Duty) Ordinance, 1960, s. 2, s. 3, s. 4 (4) (U.)—Bugisu Coffee Ordinance, 1962, s. 15 (2) (U.)—Coffee (Export Duty) (Amendment) Ordinance, 1962 (U.)
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6 March 1963 |
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Criminal law-Theft by a servant-Fraudulent conversion—Trial—Jury— Direction to jury—Jury directed that there was conversion—Question left to jury-Whether conversion fraudulent-Misdirection
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4 March 1963 |
| February 1963 |
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Practice Industrial dispute-Trade union-Natural justice-Remark by president of industrial court against employer at opening of the hearing—Failure by labour officer to give copy of report to employer before hearing-Report forwarded to industrial court—Allegation that award of industrial court in excess of jurisdiction—Industrial Relations (Conciliation and Arbitration) G Ordinance, 1960, s. 10 and s. 14 (A.). Trade union-Industrial dispute-Natural justice—Remarks by president of industrial court against employer at opening of the hearing-Failure by labour officer to give copy of report to employer before hearing-Report forwarded to industrial court—Allegation that award of industrial court in excess of jurisdiction—Industrial Relations (Conciliation and Arbitration) Ordinance, 1960, s. 10 and s. 14 (A.)
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22 February 1963 |
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Constitutional law Busoga District Council Membership of Council Election Council empowered to make provision for its membership by resolution Council's resolution to be approved by Governor before it can become effective-Proviso that nine-tenths of members of Council must be directly elected-Resolution passed by Council providing for sixty-seven elected members, six specially elected members and eleven hereditary Saza Chiefs-Resolution contrary to proviso-Council dissolved-Resolution approved by Governor in part disapproving provisions for Saza chiefs as members of Council-Sixty-seven members elected by direct election- Elected members elected first six defendants as specially elected members— No previous notice of election of specially elected members published as required by resolution—Validity of election of specially elected members- Civil Procedure (Constitutional Cases) Act, 1962, s. 2 (2) (b) (U.)—Local Administration Ordinance, 1962, s. 3 (1) (b) (U.)—Uganda (Constitution) Order-in-Council, 1962, s. 12, s. 13 and Second Schedule, s. 74 and s. 75 (U.)— Interpretation and General Clauses Ordinance (Cap. 1), s. 21 (U.)—Civil Procedure Rules, O. 1, r. 8 (U.). 58 Constitutional law—K yabazinga of Busoga—Election of—Busoga District Council empowered to make provision for mode of appointment of Kyabazinga and his tenure of office-No such resolution passed by District Council-Seventh defendant elected Kyabazinga–Validity of election—Uganda (Constitution) Order-in-Council, 1962, s. 13 and Second Schedule, s. 74 and s. 75 (U.)
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22 February 1963 |
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Statute-Interpretation—Provision of Criminal Procedure Code repealed and re-enacted—Repealed provision the subject of previous judicial interpretation —Whether the provision as re-enacted should receive the same interpretation— Appellate Jurisdiction Ordinance, 1961, s. 8 (4) (T.)—Criminal Procedure Code, s. 325 and s. 337 (T.). Appeal-Criminal law—Practice—Accused acquitted by District Court-Appeal by prosecution by way of case stated to High Court-Appeal allowed by High Court-Appeal by accused to Court of Appeal-Whether appeal com- competent-Appellate Jurisdiction Ordinance, 1961, s. 8 (4) (T.)-Criminal Procedure Code, s. 337 (T.)
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21 February 1963 |
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Contract-Consideration—Agreement between two parties to run a bakery— Each party in turn to run the bakery for periods of six months—Capital equipment and premises provided by one party—Same party unilaterally withdraws from the agreement-Claim for specific performance and compensation by the other party-Whether agreement supported by consideration-Contract Ordinance (Cap. 30), s. 3 (d) (A.)—Specific Relief Ordinance (Cap. 140), s. 21 (1) (A.)
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15 February 1963 |
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Bankruptcy-Scheme of arrangement with creditors—Approval of court- Reasonable security for payment of not less than 5s. in the pound—Proposal that payment under composition scheme be guaranteed by third party— Bankruptcy Ordinance (Cap. 25), s. 18 (10) and s. 29 (3) (T.)
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14 February 1963 |
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Costs-Security for costs—Divorce—Application by respondent wife to take her evidence on commission out of the jurisdiction—Security for costs of and incidental to taking evidence on commission—Indian Code of Civil Procedure, 1908, s. 77-Indian Civil Procedure Rules, O. XXVI, r. 15—Matrimonial Causes Rules, 1956, r. 25 (3), r. 67 (1) and (2) (T.)—Matrimonial Causes Ordinance (Cap. 364), s. 3 (T.)
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7 February 1963 |
| January 1963 |
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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.)
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30 January 1963 |
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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.)
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30 January 1963 |
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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.)
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28 January 1963 |
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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
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23 January 1963 |
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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.)
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16 January 1963 |
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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.)
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16 January 1963 |
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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
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12 January 1963 |
