All courts - 1943

Prosecution for failure to furnish information relating to a business upon demand.
being made contrary to Regulation 21 of the Defence (Control of Prices)
Regulations, 1942.

Landlord and Tenant — Suit for possession by landlord of premises previously occupied by landlord — Reasonableness of order for possession — Increase of Rent and Mortgage Interest (Restrictions) Ordinance, 1940, section 8.

Will—Interpretation—Charitable bequest—Gift to School for specific object—Educational—Residuary bequest—General intention of charity—Cy pres—Intestacy.

Action for money lent - Amendment of plaint - Order allowing amendment of plaint  -New cause of action - Discretion of Judge - Order for costs upon application to amend - Variation of order as to costs.

Defence Regulations, 1939, Regulation 84 — Defence (Price of Goods) Regulations, 1941, Regulation 12 — False information as to stocks — Wholesale or retail merchant — Sufficiency of evidence — Criminal Procedure'Code, Section 357 — Additional evidence ordered by Supreme Court — Court of Appeal Rules 18 — Reference back to Supreme Court — Indian Code of Criminal Procedure, Section 428—Criminal Appeal Act, 1907, Section 9 — Powers of English Court of Appeal and of Kenya Supreme Court (appellate jurisdiction) — Evidence Act (Amendment) Ordinance, 1936, Section, 2 — Onus of proof —Traders Licensing Ordinance, 1936.

Contract - Outbreak of war - Custodian of Enemy Property - Powers and Obligations of Custodian - Trading with the Enemy Ordinance, 1939, S. 9 -  Executory Contract - Force majeure clause.
 

Criminal Law — Gold Trading Ordinance, Chapter 104 Laws of Tanganyika —  Unlawful possession of raw gold — Burden of proof

Collision between lorry and car on lorry’s wrong side of road - No explanation by driver of lorry - Section 42 (a), Traffic Ordinance, 1928 - Res ipsa loquitur  - Prima facie case of negligence against driver of lorry - Lorry owner held liable.

Procedure - Civil action - Application under Order XXXIII, Rule 2 - Final judgment - Decision of District Registrar - Appropriate Court of Appeal - Civil Procedure Ordinance, Sections 83 land 66 - Jurisdiction of District Registrar - Order XLIV, Rules 6 and 7 - Order XLVI.

Bankruptcy—Application for discharge—Contents of Report by Official Receiver-
 Notice by Bankrupt disputing statements in report—Bankruptcy Ordinance,
1930,SectiOn 28 (2)—.Bankrucy Rules, 1927, Rule 188

Criminal Law—Receiving stoten property—Effect of absence of receiver at the
time when goods d1ivered—Application of the rule in Rex v. Scharna and
A bramovitch.
The facts appear sufficiently from the Judgment.

Defence Regulations—Regulations 94 and 96—Government Notice 163/43-
Sentence—"Caution"—Enhancement of sentence.

Arrest without warrant—Assaulting tribal, police officer in due execution of
duty—Essential Commodities (Control of Distribution) Regulations, 1943—
Tribal Police Ordinance, 1929, Section 8—Defence Regulations, 1939,
Regulation 80.
Tribal police constables were sent by a police officer in charge of a police
station to arrest any persons found offending against an order made under the
provisions of the Essential Commodities (Control of Distribution) Regulations,
1943. The accused resisted arrest.

Criminal Law - Intention - Section 14 Penal Code - Use of knife by intoxicated person - Provocation - Refusal of sexual intercourse.

Criminal Law — Perjury — Evidence — Evidence as to falsity of statement —  Quantum of evidence — Record of Proceedings in which alleged False Statement made — Judge’s note — Judgment should not be included — Res inter alios acta — Penal Code (Kenya), Section 107 — Criminal Procedure Code (Kenya), Section 199 — Criminal Procedure Rules, 1930 (Kenya) — R. v. Nunes 16 R.L.R. 126 applied.

Criminal Law - Manslaughter by negligence - Plea of guilty riot unequivocal -  Necessity for full explanation to accused of ingredients of offence.

Extended Jurisdiction — Criminal Law — Murder — Tanganyika. Criminal Procedure Code, Section 265 — Admissibility of evidence of child not upon oath or affirmation — Criminal Procedure Code, Section 146 — Indian Oaths Act, 1873, Section 13 — Oaths and Affirmation Rules, 1925 — Practice of Courts with child witnesses — Corroboration.

Criminal Law — Defilement — Section 138 Penal Code — Proof of age of girl — Adequacy of summing up — Sentence — Character of girl.

Penal Cde, Section 387—Attempt to obtain money by false pretences.

Criminal Law — Murder — Statements by deceased as to cause of death — Dying declaration — Corroboration.

Criminal Procedure—Criminal Procedure Code, Section 142—Proof of previous
conviction—Traffic Ordinance, 1928, Section 29 (1)—Sentence in default
ultra vires.
the pacts sufficiently appear from the judgment reported.

Criminal Law - Evidence - Unretracted confession by one accused - Admissibility as against other accused - Indian Evidence Act, Section 30.

Criminal Law — Penal Code, Sections 208, 231 (c), 317, 374 — Intent to cause, death.

Evidence — Confession — Confession to headman — “Police Officer” — Indian Evidence, Act, Section 25.

Criminal Law — Murder — Manslaughter — Provocation — Resistance to lawful arrest.

Criminal Law — Murder — Evidence of extra judicial confession — Confession before committing magistrate — Retraction of confession — Corroboration —  Evidence against second accused of confession by another accused.

Criminal Law — Murder — Sexual assault on child with weak heart — Subsequent death of child — Necessity for corroboration of child’s unsworn statement — Uganda Evidence Ordinance, section 30, statement as to cause of death.

Interpretation of confessions to police officers — Undesirability of policemen acting as interpreters.

Criminal Law — Appeal — Case stated — Magistrate directed by High Court to convict — Appeal to High Court — Appeal to Court of Appeal — Criminal Procedure Code (Uganda), Sections 307, 320, 331 — Evidence Ordinance (Uganda), Section 112 (g).

Criminal Law — Uganda Evidence Ordinance, Section 131 — Corroboration of accomplice’s evidence.

Criminal Law — Murder — Provocation —Tanganyika Penal Code, Sections 191 and 192 — Benefit of doubt.

Criminal Law — Murder — Refusal of sexual intercourse — Provocation — Reasons for assessors’ opinions — Brevity of trial judgment — Section 168 Criminal Procedure Code.

Criminal Law — Murder — Sufficiency of evidence — Witchcraft — Provocation.

Criminal Law—Definition of theft—Claim of right—Mans Rca—Penal Code,
Section 262 (1).

Criminal Law — Receiving — Evidence — Corroboration of accomplice’s evidence — Evidence as to conviction of thief.

Criminal Law — Criminal Procedure Code, section 265 — Extra Judicial Confession — Admissibility of deposition of transferred Magistrate.

Criminal Law — Murder — Burglary — Common intention — Section 22 Penal Code.

Criminal Law—Homicide—Murder—Manslaughter—Provocation—Circumstances

in which a belief in witchcraft may provide provocation—Witchcraft Ordin-
ance, 1925—Penal Code Section 197.

Criminal •Law—Receiving stolen property—Proof that goods stolen—Aip1ication
of the rule in Rex v. Schania and A bra,novitch.
The facts appear sufficiently from the Judgment.