All courts - 1952

Civil Procedure and Practice—Civil Procedure (Revised) Rules, 1948—Order 6, rule 19—Amendment to name of defendant -Application by plaintiffs to amend name of defendant after servic —Whether in good faith—Whether justice of suit required amendment.

Penal Code section 319 (2)—Whether prosecution must first prove accused was knowingly in possession before he became liable to give an explanation-
Where defence evidence uncontradicted by prosecution. Court not bound to accept.

Criminal Procedure Code, section 197—Fine in excess of limits of sub-section (4)-Presumption where prescribed form used—Although non-summary forma-
lities complied with.

(Appeal from the decision of H.M. Supreme Court of Kenya, Connell, Ag.J.) Practice—Vesting Order—Rule 17—Rules of Court—(Mortgage suits consolidation) rates—Applicability of section 95, Municipalities Ordinance, and section 29 (1), Local Government (Rating) Ordinance.

Mohammedan law—Custody of minor after parents divorce.

Custody of a daughter was claimed by her mother in the following circum-
stances:

(Appeal from the decision of the Central Rent Control Board, Nairobi)
Landlord and tenant—Increase of Rent (Restriction) Ordinance—Appeal from
Rent Control Board—New points—Whether arguable.

(Appeal from the decision of the First Class Magistrate's Court at Nairobi-
Miss Rugg Gunn)

Civil Procedure—Application for summary judgment—Conflicting defence and
affidavit—Triable issue.

(Appeal from the decision of H.M. Supreme Court of Kenya, de Lestang, J.) Landlord and Tenant—Trespass whetheT of landlord or of tenant who vacated.

(Appeal from the decision of H.M. Supreme Court of Aden—Campbell, J.) Landlord and Tenant—Aden Rent Restriction Ordinance, section 10 (2) (J).

(Appeal from decision of H.M. High Court of Uganda—Low, J.) Storebreaking—Whether conviction of receiving possible—S. 188 (1) Uganda Criminal Procedure Code—Sentencing an accused before calling him for prosecution

(Appeal from the decision of H.M. Supreme Court of Kenya—Connell, I.) Divorce—Desertion—Evidence—Animus deserendi.

(Appeal from decision of H.M. High Court of Tanganyika—Sinclair, J.) Contract—Agency—Principal's failure to supply funds to enable contract to be performed—Whether implied term.

(Appeal from the decision of the Central Rent Control Board, Nairobi)

Landlord and tenant—Effect of section 16 (1) (i) of the Increase of Rent (Restric-
tion) Ordinance, 1949.

(Appeal from decision of H.M. Supreme Court of Kenya—Windham, J.) Landlord and Tenant—New ground of appeal not previously argued—When it: can be taken—Informality of proceedings before Board—Test:

(Appeal from the decision of H.M. Supreme Court of Kenya, Windham, J.) Income Tax—Order, section 24 (1) (a)—Husband claiming deductions in respect of wife wholly maintained but permanently separated.

Immigration Control Ordinance—Section 5 (1) (j)—Declaratory only.

(Appeal from the decision of H.M. Supreme Court of Kenya, Bourke, J.) Increase of Rent (Restriction) Ordinance, 1949—Alterations to premises after 1st January, 1949—Change to business premises—Whether Ordinance ceases to apply. 

Club—Proposed resolution to change name—Application for temporary
injunction.

(Appeal from the decision of the Central Rent Control Board—Nairobi)
Landlord and Tenant—Standard rent—Meaning of "premises"—Whether Board
can assess standard rent at less than 10 per cent of cost and value.

Increase of Rent Restriction Ordina iice—Supreme Court's original jurisdiction-
Position of Licensee.

(Appeal from the decision of H.M. Supreme Court of Kenya, Windham, J.) Clubs—Secretary or other officer's right to eject from the club premises an undesirable non-member.

(Appeal from the decision of the Central Rent Control Board, Nairobi)
Landlord and tenant—No commencement of date of monthly tenancy—Validity
of notice to quit—Premature application to Board.

Thre purchase—Motor car—Transfer of third party risk by owner to hirer-
Subsequent purchaser's title.

Company's change of name—Incorporated outside but registered in Kenya-
Application of s. 18 and 20 Companies Ordinance.

Contract of sale—Agent inducing buyer to give another agent an undiscfoed
piëeñt—Whether corrupt or fraudulent and whether done in effeting 1e.

Plea—Arson—Wilfully and unlawfully setting fire.

(Appeal from the decision of H.M. Supreme Court of Tanganyika—Sinclair, J.) Murder—Extra judicial statement: Interpreter a headman with powers of a Police Officer—"Gimarda Custom" of Wamangati.

(Appeal from the decision of the Central Rent Control Board, Nairobi)
Landlord and tenant—Rent Control Board's power to revise its own decision
given ex parte.

Stock and Produce Theft Ordinance, Cap. 206—Section 10 (1)—Faulty charge.

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, J.) Bankruptcy Ordinance Kenya, section 42 (c)—Reputed possession—ReceiptWhether instrument deemed fraudulent and void against Trustee, section 13 (1) Chattels Transfer Ordinance—Procedure—Motion by trustee.

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, J.) Landlord and Tenant—"Banda" on temporary occupation license plot—Section 2 (2) (i) Rent Restriction Ordinance

(Appeal from the decision of H.M. Supreme Court of Kenya at Mombasa, de Lestang, J.) Customs seizure—Public Health Ordinance, section 134—Public Health (Condensed Milk) Rules, 1950, rule 6—Customs Management Ordinance, section 216

(Appeal from decision of H.M. Supreme Court of Kenya—Windham, J.) Procedure.

Native Authority Ordinance, section 13 (2)—Lawful excuse—Judgment iii
previous case.

Police Ordinance, 1948—Power of search of unlicensed premises without a warrant.

(Appeal from the decision of H.M. Supreme Court of Kenya, Windham, I.) Compensation—Railway realignment—Whether under Crown Lands Ordinance or Railway Ordinance.

(Appeal from decision of H.M. Supreme Court of Kenya—Clifford Knight, J.) Sale of goods—Tanganyika Defence (Controlled Produce) keguiations, 1946, regulation 7 (1)—Illegality—Part delivery—Non-payment whether balance of delivery enforceable.

Companies winding up—Income Tax Ordinance, section 21 (3)—Election by
shareholders—Whether amounts paid by company could be charged by
liquidator against the shareholders respective shares of the assets of the
company.

Company's Winding up—Petition opposed—Company's inability to pay its debts.

Voluntarily unemployed person—Unequivocal plea—Definition of adult male-
Voluntarily Unemployed Persons Ordinance, 1949—Somali—Meaning of-
Cap. 53.

(Appeal from the decision of H.B.M.'s High Court of ZanzibarSir John Gray, C.J.) Zanzibar—Hindu matrimonial cause—Proper forum—Application of Hindu personal law—Method to be adopted by Judge of H.B.M. High Court.

(Appeal from the deôision of the CentraL Rent Control Board, Nairobi)
Landlord and tennt_iConditioflal der—Whether Board can make—Tenant edt
of possession—Shifting of onus—Intention to return -or a corpus possession.

Hindu succession—Widow's claim—Marriage outside Colony.

Negligence—Contributory negligence—Principle to be applied.

(Appeal from the decision of H.M. High Court of Tanganyika—Sinclair, 3.) Murder—Grave and sudden provocation—Husband's suspicion of adulterous association.

(Appeal from decision of H.M. High Court of TanganyikaJ. S. Abernethy, Ag. J.) Practice—Civil Appeals—Failure to draw decree.

(Appeal from the decision of H.M. High Court of Tanganyika—Abernethy, J.) Practice—Criminal Procedure—Evidence of first complaint to person in authority.

(Appeal from the decision of H.M. Supreme Court of Kenya, Harley, Ag. J.) Practice—Civil Procedure—Motion for Summary Judgment—Order 35, rules 2 and 3—Defendants raising triable issues—Leave to defend—When conditional.