All courts - 1965

Criminal Law-Practice-Confession-Retracted confession-Trial within trial— Right of accused to make unsworn statement—Criminal Procedure Code (Cap. 24) s. 278 (U.). 
Criminal Law-Murder-Beating of a suspected thief—Beating by sticks by persons 
escorting the thief until he died-Common intention. 
Criminal Law-Offence committed in obedience to an unlawful order—Whether 
malice aforethought. 
 

Criminal Law-Practice-Joinder of charges—Joinder of charge of arson with charge of murder—Offences charged founded on same facts—Undesirability of joining another charge with charge of murder or manslaughter. 
 

Mortgage Statutory power of sale-Exercise of power without intervention of court-Property sold by public auction-Property purchased by agent of mortgagee Validity of such sale—Indian Transfer of Property Act, 1882 s. 69 (1) and s. 69B (2).

Practice-Review-Plaintiff and his witnesses absent at hearing-Plaintiff's advocate present—Amount of claim admitted by defendant but set off and counterclaim pleaded—Evidence in support of defence and counterclaim heard -Defendant cross-examined by plaintiff's advocate—At close of defendant's case application for adjournment refused—Judgment entered on basis of set off and counterclaim-Application for review refused-Appeal 

Landlord and Tenant_Monthly tenancy-Condition to hand over premises in E good order and condition on termination of tenancy—Breach of condition by tenant-Whether reasonable wear and tear excluded-Damages— Measure of damages—Indian Transfer of Property Act 1882, s. 108 (m). Damages-Landlord and tenant-Monthly tenancy-Condition to hand over premises in good order and condition on termination of premises—Breach of condition by tenant-Whether reasonable wear and tear excluded F Calculation of injury to reversion—Indian Transfer of Property Act 1882, s. 108 (m). 
 

Criminal Law—Appeal—Abandonment of appeal—Application to withdraw notice of abandonment-No provision for application-Appeal deemed to be dismissed when notice given—Jurisdiction of appellate court to hear such appli- Criminal Procedure Code (Cap. 24), s. 328a (3) (U.). 

Criminal Law-Evidence-Accomplice-Corroboration-Failure of judge to direct assessors or himself on need for corroboration. 
 

Criminal Law-Murder or manslaughter—Provocation—Accused and woman lived together for two years as man and wife—No marriage recognised by customary law-Woman leaving accused on orders from relatives—Intention to resume cohabitation if balance of dowry paid by accused—Discovery of woman and deceased in flagrante delicto—Whether sufficient provocation to reduce murder to manslaughter. 
 

Landlord and Tenant—Business premises for specified trade—Shops in trading centre leased by common landlord-Leave ot one tenant restricting user to grocery business—Landlord also precluded from letting other premises for such business—Landlord aware of other tenants carrying on business of grocery. Whether the landlord is in breach of obligation. 
 

Criminal Law-Charge-Joint offenders—Joinder of courts alleging corrupt transactions and tax theft by different accused—Irregularity disregarded because no failure of justice-“Same transaction" explained—Criminal Procedure Code, s. 137 (c) (T.). 
Criminal Law-Appeal-Inferences from established primary facts-Whether it is not reasonably possible to draw a particular inference in a question of law. 

Insurance Policy against housebreaking—What burden of proof is on the insured? Burden of proof—Insurance against housebreaking—What the insured must prove. 
 

Damages-Trespass—Special damages for wrongful quarrying—Special damages 
for failure to erect a fence. Practice Appeal-Point not taken at trial-Whether evidence on record a 
complete investigation of the issue. 
Statute-Construction—Marginal notes to be considered-Evidence Act, 1963, s. 99 and s. 102 (K). Evidence-Admissibility—Oral evidence to explain the application of the Unambiguous Document Evidence Act, 1963, s. 99 and s. 102 (K).

Native Law and Custom—Gift of land inter vivos in the Kikuyu area—Customary law not established—Meaning of “Muhoi”, “Muramati”, and “Mbari”. Assessors-Functions where customary law is involved—Civil Procedure Act, s. 87 
(K.)—Evidence Act, 1963, s. 13, s. 15, s. 89 and s. 60 (K.). 
Practice-Customary law—Onus of establishing it on the party relying on it. Evidence―Judicial notice of customary law-Onus of establishing customary law on the party relying on it-Civil Procedure Act, s. 87-Evidence Act, 1963, s. 13, s. 51, s. 59 and s. 60 (K.). 
 

Practice-Court of Appeal-Slip rule—Error arising from accidental slip or omission-Appeal heard and judgment delivered―Judgment embodied in formal order-Omission of counsel to make particular application-Application-for amendment of order-Jurisdiction of Court of Appeal to amend its judgment and order-Appellate Jurisdiction Act, 1962, s. 3 (2) (K.)—Eastern African Court of Appeal Rules, 1954, r. 13 (2)—Civil Procedure Act (Cap. 5), s. 99 (K.). 
Costs—Application—Whether the respondent is always entitled to the costs of the application not made at the proper time. 
 

Rent Restriction-Possession-Whether statutory tenant retains actual possession when allows part of the premises to be occupied by licensees—Whether court C has jurisdiction to make a possession order as to part of the premises—Rent Restrictions Ordinance (Cap. 136), s. 11 (2) (g) (A). 
Appeal-Regard to events happening after the order of the court below but before the hearing of the appeal-Rent restriction-Supervening facts disregarded.

Practice-Action for recovery of possession and mesne profits—Order for posses- C sion and enquiry to determine amount of mesne profits—Enquiry held before Deputy Registrar—Consent order fixing amount of mesne profits—Objection to consent order on ground that advocate had no authority—Application to set aside consent order—Application dismissed—Judgment entered for mesne profits on basis of consent order—Whether judge entitled to enter judgment. 
Advocate-Advocate's authority to compromise—Action for recovery of possession and mesne profits—Amount of mesne profits fixed by consent—Whether client bound by advocate's act. 
 

Advocate-Action for damages against advocate for damages for wrongful detention of documents and return of documents-Whether cause of action in contract or tort—Limitation of actions—Limitation Act, s. 5 and s. 8 (K.). 
› Limitation of Actions—Action for damages against an advocate-Action for detinue 
-Whether within Limitation Act, s. 5 (2) or s. 8 (K.). 
 

Practice-Pleadings—Striking out—Counterclaim—Striking out on grounds that matters pleaded res judicata and tend to prejudice trial-Civil Procedure Ordinance (Cap. 6) s. 7 and s. 101 (U.)—Civil Procedure Rules, O. 6, r.17 (U.). 
 

Mortgage-Statutory power of sale—Statutory notice required to be served on mortgagor demanding payment before sale—Statutory notice sent by regis- tered post but returned unclaimed—Whether notice properly served. 
 

Criminal law-Murder-Plea of self-defence—Provocation—Misdirection— Whether conviction of murder should be reduced to manslaughter. 
 

Contract-Undue influence-Undue influence by father on son—Father not party to contract-Loan obtained by father on security of son's property—Indian Contract Act, 1882, s. 16—Whether s. 16 is affected by English principles of equity. 
 

Negligence-Dangerous machinery-Rotary grass-cutting machine-Piece of metal thrown up causing fatal injury—Whether danger foreseeable. Fatal Accident-Damages—African child—Father earning Shs. 300/- per month. Negligence-Res ipsa loquitur-grass-cutting machine-person killed by flying piece of metal-Whether principle applies.

Criminal law-Murder- Common intention- Collateral act causing death done by one of several participants in unlawful concerted action-Two appellants outside a shop, but knew that the killer had used violence capable of causing death— Whether appellants guilty of murder—Penal Code s. 21 (K.). 
Criminal Law-Joint offenders—Whether the acquittal of one of three accused will vitiate the convictions of the other

Bankruptcy Bankruptcy notice-Validity in form-Whether costs of execution should be included. 
Bankruptcy Bankruptcy notice-Security-Whether attachment of money still in court is security. 
Bankruptcy Bankruptcy notice-Whether costs of abortive èxecution are part of the amount due on a judgment. 
 

Landlord and Tenant-Unregistered monthly lease in writing-Whether required to be registered-Transfer of Property Ordinance (Cap. 154) s. 104 (2) (A.) —Documents Registration Ordinance (Cap. 49) s. 9 and s. 10 (A.). 
Rent Restriction-Monthly lease in writing not registered under the Transfer of Property Ordinance (Cap. 154) s. 104 (2) (A.)—Whether lessee entitled to protection of Rent Restriction Ordinance (Cap. 136) (A.). 
 

Bailment—Carriage of goods—Whether stevedore has possession between ship 
and shore as bailee. Contract-Exemption clause-Whether a stranger can be protected by an express term -Whether a stranger is entitled to the advantage of the exemption. 
Shipping-Bill of Lading—Exemption clause-Whether stevedore entitled to take the 
advantage of exemption when carrying goods from the ship to shore. 
 

Contract—Duration—Whether determinable by reasonable notice. Appellant appointed sole wholesaler under statute—Respondent also a licensed retailer under statute-Contract to make daily supplies—Whether appellant has the right to contract out of statutory provisions and determine contract. Court of Appeal—Practice—Consent judgment—Limitation—Damages for loss of profits for two periods—Both plaints heard—Damages awarded for one period only-Application for review to increase damages to cover period in second plaint—No objection by other party—By consent damages increased and judgment given on subsequent date—Whether latter judgment a consent judgment so as to bar an appeal therefrom. 

Criminal Law-Practice-Charge-Accused charged with being armed by day with intent to commit a felony under s. 308 (1) (d) of the Penal Code-Nature of felony to be stated in charge. 
Criminal Law-Evidence-Hearsay-Police witnesses state in evidence information given by an informer-Informer not called to give evidence—Accused wrongly convicted. 
 

Criminal Law-Murder-Trial by jury-Accused an epileptic-Conflicting opinion that at the time of the offence accused understood the nature and quality of his act and that what he was doing was wrong-Rejection by jury of plea of insanity. 
Criminal Law-Practice-Murder-Evidence that accused an epileptic-Verdict by jury of culpable homicide not amounting to murder—Whether jury entitled to bring in verdict of lesser offence. 
Criminal Law-Practice-Juries—Criticism, if any, should be made in the Court of Appeal. 

Criminal law—Corruption by public servant—Money paid to accused as advances or loans-Money to be repaid—Whether promise to repay a lawful consideration-Meaning of “consideration”—Prevention of Corruption Ordinance, s. 6 (Cap. 400) (T.). 
Criminal law-Practice-Corruption-Consent of Deputy Public Prosecutor required for prosecution—Consent typed at bottom of charge-Signature intended to cover both charge sheet and consent-Whether consent given E on knowledge of the facts-Whether consent valid—Prevention of Corruption Ordinance, s. 6 (Cap. 400) (T.). 
 

Rent Restriction—Assessment of standard rent-Rent Restriction Act 1962 (T.) s. 14 and s. 24-Power of Rent Restriction Board to fix standard rent retrospectively—Whether Board required to fix standard rent retrospectively 
–Date upon which standard rent applies.