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Citation
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Judgment date
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| November 1965 |
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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
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29 November 1965 |
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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
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25 November 1965 |
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Insurance Policy against housebreaking—What burden of proof is on the insured? Burden of proof—Insurance against housebreaking—What the insured must prove
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24 November 1965 |
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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)
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18 November 1965 |
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Native Law and Custom—Gift of land inter vivos in the Kikuyu area—Customary law not established—Meaning of “Muhoi”, “Muramati”, and “Mbari&rdquo. 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.)
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18 November 1965 |
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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
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11 November 1965 |
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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
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8 November 1965 |
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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
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8 November 1965 |
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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.)
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5 November 1965 |
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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.)
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5 November 1965 |
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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
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4 November 1965 |
