All courts - 1947

86 judgments
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86 judgments
Citation
Judgment date
January 1947
1 January 1947
1 January 1947

Criminal law—Traffic Offences—Careless driving—S. 16 (1)—Traffic Ordinance-
Dangerous driving—S. 15—Evidence of drink—Admissibility—S. 14, Indian

Evidence Act.

1 January 1947

Claim of money - Promissory note - Interest at 48% p.a. - Harsh and unconscionable - Civil Procedure Ordinance (Uganda) S. 26 (1) - Reasonable rate of interest 24% p.a.

1 January 1947

Divorce - Matrimonial Causes Ordinance, 1939 - Jurisdiction- Domicile - Adultery - Proof of - Evidence.

1 January 1947

Value of subject matter in appeals to E.A.C.A. - Section 74 Kenya Civil Procedure Ordinance - Right of executor to bargain for reward.

1 January 1947

Increase of Rent Ordinance, 1940—Right of tenant to sub-let.

1 January 1947

Damage by .fire—Negiigence---Absolute liability of owner of land on which fire
started--Control of Grass Fires Ordinance, 1941—Damages.

1 January 1947

Civil Procedure - Leave to proceed ex parte against a defendant - Kenya Civil Procedure Code Order IX Rule 9 (2).

1 January 1947

Divorce—Desertion—Continuance of desertion—Condonation—Resumption of

cohabitation—Interruption of statutory period—Matrimonial Causes Ordin-
ance, 1939,

1 January 1947

Defamation—Libel--Statements defamatory per se—Qualified privilege—Common
interest—Malice.

1 January 1947

Assignment of debt - “Debt" a chattel - Chattels Transfer Ord. 1930 - Ss. 2, 26 -  Registration of instrument of transfer - Failure - id. S. 13 - When transfer deemed fraudulent and void.

1 January 1947

Criminal law - Emergency legislation - The Defence (Control of Prices) Regulations, 1945, Regs. 19 (2) (n), 21 - G.N. 342/44 - Failure to comply with an order of the Price Controller - Insufficiency of evidence.

1 January 1947

Criminal law - Provocation - Witchcraft - Manslaughter.

1 January 1947

Criminal law—Prohibited immigrant—Order to leave the Colony—Non-compliance
with order—S. 8, Immigration Restriction Ordinance (Cap. 62).

1 January 1947
1 January 1947

Criminal law - Accessory - Section 24 Tanganyika Penal Code.

1 January 1947

Criminal Law - Evidence of previous similar offences - Indian Evidence Act.

1 January 1947

Criminal Procedure—Recall of witness.

1 January 1947

Criminal law - Manslaughter - Sentence of 20 years' H.L. - Not excessive.

1 January 1947

Criminal Procedure—Accused deaf mute—Unable to understand proceedings-
S. 167 Criminal Procedure Code—Power of Supreme Court.

1 January 1947

Criminal procedure - Irregularities - Ss. 279 - 283 Criminal Procedure Code (Tanganyika) - S. 346 id. - Nullity - New trial.

1 January 1947

Criminal law—Permitting unlicensed premises to be used for manufacture of
foodstuff—Public Health (Manufacture, Preparation, Packing and Repacking
of Food) Rules, 1944, R. 4—"Permit."

1 January 1947

Criminal law - Accomplice - Murder by a "lion-man".

1 January 1947

Observations upon the propriety of noting upon the record that the Court recommends that mercy be shown.

1 January 1947

Criminal law—Possession of still—Apparatus designed to distil native spirituous
liquor—The Native Liquor (Amendment) Ordinance, .1941, s. 4 (2)—Lawful
excuse.

1 January 1947

Criminal Law - Uttering false documents - S. 342 P.C. Tanganyika - Coupons for wheat products - Guilty knowledge - Jurisdiction of Magistrate.

1 January 1947

Criminal law - Admissibility of evidence - Hearsay - Failure to call interpreters as witnesses.

1 January 1947

Criminal law and procedure—Liquor Ordinance, 1934—Arms and Ammunition
Ordinance, 1925—Penalties.

1 January 1947

Criminal law - Emergency Legislation - Defence (Control of Prices) Regulations, 1945 - Regulations 13 (1), 13 (3) - Responsibility of occupier of premises - Essentials of offence of permitting the storage of rationed articles.

1 January 1947

Criminal law - Official corruption - S. 91 (2) Penal Code (Tanganyika) - Essence of offence.

1 January 1947

Criminal Law - Murder - Sudden provocation - Ss. 198 and 199 P.C. Nyasaland - Trial with assessors - Omissions to direct assessors regarding benefit of doubt - Omission not fatal.

1 January 1947

Criminal Law - Murder - Provocation - S. 202 P.C. Tanganyika - Manslaughter

1 January 1947

Criminal law - The Uganda Defence (Control of Prices and Distribution) Regulations. 1943, Reg. II (1) - Overcharging - Protectorate Order No. 1 of 1947 - Proof of Order.

1 January 1947

Criminal law—Receiving--Joint possession—Onus of proof.

1 January 1947

Criminal law—Theft—Receiving.
The appellants were found with others within twelve hours of the commission
of three thefts in a motor car in which some of the stolen property was discovered
in a receptacle of which the first appellant had the key. They were convicted of
theft.

1 January 1947

Criminal procedure - Advice by Judge to accused - Section 278, Tanganyika Criminal Procedure Code.

1 January 1947

Criminal law—Sentence—Substantial term of imprisonment in addition to heavy
fine—Practice.

1 January 1947

Criminal law—Storebreaking—S. 300 (1), P.C.—Conviction for receiving not
permissible—S. 179 (1), C.P.C.—S. 187, C.P.C.

1 January 1947

Criminal law—Diseases of Animals Rules, 1931—Maximum penalties-
Section 29 (2), Penal Code.

1 January 1947

Criminal procedure - Age of accused - Section 25 (2) Uganda Penal Code.

1 January 1947

Criminal law - Manslaughter not pleaded - Duty of Court to consider.

1 January 1947

Criminal procedure - Magistrate adjourning Court to go and obtain witness - Procedure not encouraged - S. 151 Criminal Procedure Code (Tanganyika) - No miscarriage of justice.

1 January 1947

Criminal law - Murder or manslaughter - Duty of Court to inquire.

1 January 1947

Criminal law—Definition of assault—Section 244, P.C.

1 January 1947
1 January 1947

Criminal law—Section 41, Game Ordinance, 1937—Penalties.

1 January 1947

Criminal law - Obtaining leredit by false pretences - S 309 (1) Penal Code (Kenya) - Intention to defraud - Misdirection.

1 January 1947

Criminal Law - Soliciting to commit murder - The Offences Against the Person Act, 1861, S. 4 - Application to Uganda - Uganda Order in Council, 1902, Article 15 (2) - Uganda Penal Code.

1 January 1947

Murder - Statement by a mistress to her lover that she had found a better man - Provocation - S. 199 Penal Code (Uganda)

1 January 1947