|
Citation
|
Judgment date
|
| January 1946 |
|
Practice - Representative suit - Kenya Civil Procedure Rules 0.1 R.8 - Application of rule.
|
1 January 1946 |
Criminal Procedure - Case stated by Subordinate Court for decision of High Court - Appeal from decision of High Court - Question of law raised on appeal not submitted for decision by High Court.
|
1 January 1946 |
Mohammedan marriage - Divorce - Jurisdiction of High Court of Tanganyika - Tanganyika Order in Council, 1920, Article 17.
|
1 January 1946 |
Matrimonial cause—Mohammedan marriage—Father petitioning for dissolution
of marriage of daughter—The Mohammedan Marriage, Divorce and
Succession Ordinance—Jurisdiction of Court
|
1 January 1946 |
Landlord and Tenant - Letting of furnished business premises -The Uganda Rent Restriction Ordinance, 1943 - Application to business premises.
|
1 January 1946 |
Landlord and Tenant - The Increase of Rent and of Mortgage Interest (Restrictions) Ordinance 1940 - Standard rent - Retrospective effect of Board’s determination.
|
1 January 1946 |
Landlord and tenant - Suit for possession - The Increase of Rent and of Mortgage Interest (Restrictions) Ordinance - Section 11 (1) (a) - Nonpayment of rent - Unreasonable to grant order for possession - Costs - Civil Procedure Code S. 27.
|
1 January 1946 |
|
|
1 January 1946 |
Inn-keeper - Breach of contract - Defence (Control of Hotels) Regulations, 1943
- Eviction of lodger without Controller’s permission—Damages.
|
1 January 1946 |
Will - Wakf -Validity - Ultimate gift to poor illusory.
|
1 January 1946 |
Breach of contract - Frustration - Damages.
|
1 January 1946 |
intestacy—Administration of estate—S. 90 Probate and Administration Act (V of
188 1)—Administrator a trustee for sale—Trustee Ordinance, 1929—Trusts of
Land Ordinance, 1941—Power of administrator to sell—Permission of Court
required.
|
1 January 1946 |
Trust - Father and son - Property transferred by father to son - Intention to defeat creditors - Presumption of ownership - Rebuttal of - Custom of Benami - Application in Zanzibar.
|
1 January 1946 |
Mortgage - Claim of money under a mortgage deed - Recital in deed containing acknowledgment of consideration by mortgagor - Parol evidence to establish absence of consideration - Indian Evidence Act, S. 92 - Burden of proof.
|
1 January 1946 |
|
|
1 January 1946 |
Landlord and Tenant - The Increase of Rent and of Mortgage Interest (Restrictions) Ordinance, 1940 - Standard rent - Appeal to Subordinate Court from decision of Rent Control Board - No appeal to Supreme Court and to Court of Appeal for Eastern Africa.
|
1 January 1946 |
Criminal law—Contravention of By-law 145 Mombasa Municipality (Building
and Sub-division) By-laws, 1931—Sentence--Costs.
|
1 January 1946 |
Town Council - By-law - Validity - Town planning - “Good rule and government” —Township Ordinance (Nyasaland) section 29.
|
1 January 1946 |
Execution of transferred decree - Cap. 16 Laws of Kenya - Limitation - Kenya Limitation Ordinance 1934, S: 3 - Indian Limitation Act 1877, Art. 179.
|
1 January 1946 |
Criminal Law - Defence (Control of Distribution and Rationing of Foodstuffs) Regulations, Regulation 16 (1) - Possession of sugar not obtained by means of coupons - Conviction - Sugar ordered to be forfeited - id Regulation 27 (1) and (2) - Sugar not “of a perishable nature’’ - Defence Regulations, 1939, Regulation 96 - No provision for forfeiture but only for disposal.
|
1 January 1946 |
Criminal Law - Official corruption - S. 91 (2) P.C. Tanganyika Territory - Sentence -Second appeal against severity of sentence.
|
1 January 1946 |
Criminal Law - Theft by agent - Conviction for single theft - Minor offence - Bona fide claim of right - Verdict of Jury.
|
1 January 1946 |
Criminal Law - Murder - Aiding and abetting - Common design - Ss. 22 (c) and 23 PC.
|
1 January 1946 |
Criminal Law - Practice - Re-trial - Nyasaland Criminal Procedure Code, section 334.
|
1 January 1946 |
Criminal law—Theft—Plea of Guilty to knowingly tëceiving stolen property—Coi-
viction for knowingly receiving—Section 315 Penal Code.
|
1 January 1946 |
Criminal law—Breaches of Regulation 119 of the Customs Regulations, 1926-
Conflicting charges—Regulation 242—Proof.
|
1 January 1946 |
Criminal Law—The Defence (Sale and Purchase of Motor Vehicles) Order, 1943,
Reg. 2—Selling a motor vehicle without a permit in writing—Meaning of
"sell" in Regulation—Sale of Goods Ordinance, 1930—Sentence.
|
1 January 1946 |
Criminal Law - Murder - Common design - Penal Decree, Section 21 (Zanzibar) - Unsworn statement by co-accused - Admissibility against co-accused -
Weight.
|
1 January 1946 |
Sentence - Police statement of character after conviction - Inadmissible evidence.
|
1 January 1946 |
Criminal Law - Murder - Evidence of witnesses not being accomplices: - Necessity of corroboration in certain cases - Non-denial by accused - Corroboration.
|
1 January 1946 |
Criminal law—Outlying Districts Ordinance, S. 8—Doing an act calculated to
cause a breach of the peace and disaffection of natives of a closed district
towards Government—Defective charges—No failure of justice—Adequacy
of evidence.
|
1 January 1946 |
Criminal Law - Conspiracy - Uganda Penal Code S. 380 - “Unlawful means” - Practice - Particulars of charge - Omission - No failure of justice.
|
1 January 1946 |
Practice - Joinder of charges - Si 132 (A) (1) Criminal Procedure Code (Tanganyika) - Misjoinder - No failure of justice - S. 335 C.P.C. (Tanganyika) - Indian Evidence Act, S. 8.
|
1 January 1946 |
Criminal Law - Murder - Malice aforethought - Reasonable doubt - Expression of opinion regarding reprieve in judgment - Impropriety of such expression.
|
1 January 1946 |
Criminal Law - Murder - Proof - Circumstantial evidence - Statement as to circumstances of transaction resulting in death - S. 32 Indian Evidence Act - Admissibility.
|
1 January 1946 |
Criminal Law—Unlawful possession of stock in a pioclaimed district—The Stock
and Produce Theft (Levy of Fines) Ordinance, 1933, Section 10—Consti-
tuents of offence—Burden of proof.
|
1 January 1946 |
Criminal Law - Murder - Insanity - Burden of proof.
|
1 January 1946 |
Criminal Law—"Assaulting and wilfully obstructing a police officer in tbe thi'e
execution of his duty" section 247 (b) Penal Code—Charge defective for
duplicity—Conviction not supported by evidence—Sentence.
|
1 January 1946 |
Criminal Law—Charge of knowingly receiving stolen property—Conviction for
theft—Section 179 (2) Criminal Procedure Code—Conviction competent.
|
1 January 1946 |
Criminal law—Practice—Bail pending appeal—Bail not granted save in
exceptional circumstances.
|
1 January 1946 |
|
|
1 January 1946 |
Murder - Unlawful act with malice aforethought - Intervening act of deceased resulting in death.
|
1 January 1946 |
Criminal procedure - Accused committed for trial on charge of attempted murder - Information filed for murder - Offence of murder not disclosed by depositions - S. 240 C.P.C. (Tanganyika Territory) - Irregularity - Correct procedure - Ss. 237, 238 C.P.C. (Tanganyika Territory) - No failure of justice.
|
1 January 1946 |
Criminal Law - Murder - Plea of Guilty.
|
1 January 1946 |
Criminal Law - Murder - Evidence - Accomplice - Accessory after the fact.
|
1 January 1946 |
Criminal Law - Murder - Death taking place two days after assault - Date of offence to be inserted in charge.
|
1 January 1946 |
Criminal Law - Murder - Manslaughter - Provocation.
|
1 January 1946 |
Criminal Law - Murder - Common design - Proof.
|
1 January 1946 |
Criminal Law—Procedure—Evidence of previous convictions before judgment-
Failure of justice—Burglary and theft—Conviction of "possession of stolen
property contrary to S. 315 (2) Penal Code"—Duplicity in conviction.
|
1 January 1946 |
Criminal law - Unawful possession of diamonds - he Diamond Industry. Protection Ordinance, Cap. 103, Laws of Tanganyika - Burden of Proof - Sentence.
|
1 January 1946 |
