All courts - 1953

Crown Lands Ordinance (Cap. 155)—Mortgagee after purchase obtaining vesting
order from court—Municipalities Ordinance (Cap. 136) section 95—Premises
within Nairobi—Rates unpaid by mortgagor—Certificate by Town Clerk not
• produced—Refusal by Principal Officer of Crown Lands to register—Whether
refusal justified—Stamp Ordinance (Cap. 259) section 2—Definition of
"conveyance"—First Schedule Article 23—Whether vesting order liable to
ad valoreni duty.

Crown Lands Ordinance (Cap. 155)-Mortgagee after purchase obtaining vesting order from court-Municipalities Ordinance (Cap. 136) section 95-Premises within Nairobi-Rates unpaid by mortgagor-Certificate by Town Clerk not produced-Refusal by Principal Officer of Crown Lands to register-Whether refusal justified-Stamp Ordinance (Cap. 259) section 2-Definition of "conveyance"-First Schedule Article 23-Whether vesting order liable to ad valorem duty.

Criminal Law and Procedure – Criminal Procedure Code – Section 193 – Absence of Accused During Trial – Presence of Advocate – Section 99 – Whether Magistrate Could Dispense with Accused’s Presence – Whether Trial Illegal – Effect of Section 381 – Applicability – Propriety of Magistrate Importing Own Experience in Sentencing Without Supporting Evidence

Criminal Law and Procedure—Criminal Procedure Code, section 193—Absence
of accused during his trial—Accused's advocate present—Section 99, Criminal.
Procedure Code—Whether magistrate could have dispensed with presence of
accused—Whether trial illegal—Effect of section '381 Criminal Procedure' Code—Whether applicable—Propriety of magistrate importing own experi-
ence in absence of evidence to assess sentence.

Sale of Goods Ordinance (Cap. 290), section 41-Unpaid seller in possession as bailee-Whether lien subsists-Section 48 (2) (3) Unpaid seller's right of resale-Resale-Whether at fair market price.

Landlord and Tenant-Increase of Rent (Restriction) Ordinance, 1949-Section 16 (1) (a), (b)-Application by landlord for eviction Alleged non-payment of rent, wanton waste and letting of business premises for residential purposes Whether "illegal use'' or breach of obligations of tenancy-Section 16 (2) Whether Board exercised discretion judicially-Section 33B-Board visiting premises 10 form opinion on alleged waste-Board rejecting evidence and acting on own observations-Whether judicial-Section 5 (1)-Whether Board empowered to make an order for estimated cost of repairs.

Criminal Law-Penal Code sections 124 and 22 (d)---Conviction for counselling another to give false information to the police-Person counselled making different statements-Whether offence advised committed-Whether statement made false-Whether counselled statement false-Intention.

Criminal Law-Penal Code-Section 71 (a)-Being a member of the Mau Mau society-Section 71 (b)-Knowingly allowing a meeting of an unlawful society to be held in a house-Evidence-Risk of convicting on evidence of one eye-witness-Accomplice-Danger of conviction on uncorroborated evidence of-Whether burden of proof shifted to defence-Criminal Law and Procedure-Defective particulars of charge-Misleading particulars.

Criminal Law—Penal Code—Section 71 (a)—Being a niember of the Man Man
society—Section 71 (b)—Knowingly allowing a meeting of an unlawful
society to be held in a house—Evidence—Risk of convicting on evidence of
one eye-witness—Accomplice—Danger of conviction on uncorroborated
evidence of—Whether burden of proof shifted to defence—Criminal Law
and Procedure—Defective particulars of charge—Misleading particulars.

Criminal-Iaw Nairobi-Municipality (Building) By-Laws, 1948-By-law 351 (b) "Owner" in by-law considered--Original owner allowing new building to be occupied without permit--Owner selling occupied building-Whether new owners liable for breach ·of by law-Whether new owners liable for negligence and failing to inquire whether original had obtained a permit.

Criminal-Law--Nairobi-Municipality (Building) By-Laws, 1948—By-law 351 (b)-
"Owner" in by-law considered—Original owner allowing new building to be
occupied without permit—Owner selling occupied building—Whether new

owners liable for breach of by-law—Whether new owners liable for negli-
ence and failing to inquire whether original had obtained a permit.

Civil Procedure and Practice-Civil Procedure Ordinance (Cap. 5), sections 63 and 97-Civil Procedure (Revised) Rules, 1948-Order 16, rules 2 and 4-Order of Court on defendant to pay taxed interlocutory costs-Defendant's failure to comply-Application for order to strike out defence failing compliance within limited time-Whether competent.

Civil Procedure and Practice—Civil Procedure Ordinance (Cap. 5), sections63 and
97—Civil Procedure (Revised) Rules, 1948—Order 16, rules 2 and 4—Order
of Court on defendant to pay taxed interlocutory costs—Defendant's failure
to comply—Application for order to strike out defence failing compliance
within limited time—Whether competent.

Civil Procedure and Practice-Civil Procedure (Revised) Rules, 1948-Order 6, rule 4-Necessity of specifically pleading defence of lack of endorsement of, bill of exchange-Bills of Exchange Ordinance (Cap. 291), section 24 (1)Evidence-Endorsement in blank on bill stroked out-Burden of proof Presumption of regularity.

Landlord and Tenant-Increase of Rent (Restriction) Ordinance 1949-Section 31-Whether Supreme Court has concurrent jurisdiction with Coast Rent Control Board-Claim for arrears of rent-Whether damages by breach of contract, set-off or counter-claim competent-Alleged unreasonable withholding of landlord's consent to assignment of lease-Whether set-off or counterclaim for damages arising out of tort for loss of assignee competent.

Evidence-Stamp Ordinance, section 22-Foreign promissory note-Note unstamped- Whether presentation unnecessary-Whether inadmissible in evidence-International Private Law-Limitation-Limitation Ordinance (Cap. 11), section 37 (2)-Whether Indian Limitation Act, 1908, applied Whether contract extinguished or, merely, remedy time-barred-Limitation Ordinance, section 51 - Whether Indian promissory note time-barred after three, but within six, years of making.

Landlord and tenant-Increase of Rent (Restriction) Ordinance, 1949-Application by landlord for eviction-Section 16 (b)-Alleged acts of waste-Conviction for using premises for illegal purpose Application refused-Whether misdirection by Executive Officer..

Criminal Law-Penal Code section 62 (1)-Being present at and consenting to the administration of an illegal oath-Acquittal, but conviction for being a member of an illegal society contrary to section 71 (a)--Whether evidence relevant-Whether essential for accused person to be given particulars before conviction.

Criminal Law—Penal Code section 62 (1)—Being present at and consenting to
the administration of an illegal oath—Acquittal, but conviction for being a
member of an illegal society contrary to section 71 (a)—Whether evidence
relevant—Whether essential for accused person to be given particulars before
con

Criminal Law-Native Authority Ordinance (Cap. 97)-Section 24 (Repealed by Ordinance 12 of 1950)-Resolution No 1/39 of African District Council empowering headman to give orders on advice of an agricultural officer Headman giving order without advice Whether order enforceable.

Landlord and tenant-Increase of Rent (Restriction) Ordinance, 1949-Section 16 (1) (1)-Head tenant subletting to subtenant Subtenant walking out-Landlord entering into occupation-Whether "parting with possession"Whether subtenant still in occupation of premises-Whether head tenant entitled to order for possession against landlord.

Criminal , Law-Traffic Ordinance (Cap. 232)-Conviction for offence under section 19 (1)-Suspension of certificate of competency--Discretion of Court -Whether accused should be given opportunity to show cause-Whether Appeal Court can take into account facts not brought to notice of Trial Court.

Advocates Ordinance, 1949—Disciplinary proceedings against advocate—Section 9 (1) (b)—Application to strike name off Roll of Advocates—Hearing by Advocates' Committee—Report laid before Court for consideration—Section - S—Requirement to prepare new Roll of Advocates—Section 6—Failure of Registrar to prepare new Roll—Whether provisions imperative or directoryWhether failure resulted in absence of jurisdiction of Committee and Court and nullity of proceedings.

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 service—Whether in good faith—Whether
justice of suit required amendment.

Criminal Procedure-Criminal Procedure Code-Section 45 (g) Magistrate requiring a person to show cause why a bond should not be executed Information not on oath-Whether proceedings a nullity-Effect of section 58 Criminal Procedure Code-No period fixed during which security might be found-Section 52 (3) Criminal Procedure Code considered, Whether evidence other than that of mere repute ought to be given.

Criminal Law – Penal Code, Section 273 – Stolen Stock – Proof of Possession – Whether Facts Amounted to Recent Possession

Civil Procedure and Practice-Civil Procedure (Revised) Rules, 1948 - Order 44 rule 1 (1)-Application for Review-Error on face of record-Judgment pronounced after death of party-Representative not joined-Whether judgment a nullity-Declaratory judgment-Whether severable and valid against surviving respondents-Costs.

Bills of Exchange Ordinance (Cap. 291), section 87 (2)-Delay of 18 months in presentment of promissory notes-Whether reasonable-Section 50 (2) (d) (ii) read with section 90 Presentment to endorser admitted-Whether notice of dishonour necessary.

Bills of Exchange Ordinance (Cap. 291), section 87 (2)—Delay of 18 months in
presentment of promissory notes—Whether reasonable—Section 50 (2) (d) (ii)
read with section 90—Presentment to endorser admitted—Whether notice of
dishonour necessary.

Criminal Law-Section 150, Criminal Procedure Code, Power of Court to call for and examine a witness-Calling witness by the Court after defence has been closed-Not ex improviso-Whether injustice to accused.

Criminal Law—Indian Evidence Act, section 133—Conviction on uncorroborated
evidence of accomplices—Whether exceptional circumstances—Penal Code
section 71 (a)—Reing a member of the Mau Mai.i unlawful society—Section
.72 (3). presumption of membership.

Criminal Law-Indian Evidence Act. section 133-Conviction on uncorroborated evidence of accomplices-Whether exceptional circumstances-Penal Code section 71 (a)-Being a member of the Mau Mau unlawful society-Section.72 (3). presumption of membership.

Criminal Procedure-Section 197, Criminal Procedure Code-Failure to comply Whether material on record on which Appellate Court can properly exercise its judgment-Whether defect curable under section 381, Criminal Procedure Code, where no failure of justice.

Increase of Rent (Restriction) (Enforcement of Determinations. and Orders of the Board and Appeals from the Board's Determinations and Orders to the Supreme Court) Rules of Court, 1950-Rule 6-Date of Order for purposes of appeal defined.

Criminal Law-Penal Code-Section 345-Forgery-Section 349-Uttering Section 353 (1) Signing a document in name of another-lntent to defraud or deceive-Lie reduced to writing not forgery.

Criminal Law-East African Income Tax (Management) Act, 1952 Section 89 (b)-Failing to attend upon Commissioner of Income Tax in answer to a notice issued under section 61 (1)-Notice in conditional and not in express and unambiguous terms-Whether taxpayer punishable.

Criminal Law—East African Income Tax (Management) Act, 1952—Section 89
(b)—Failing to attend upon Commissioner of Income Tax in answer to a
notice issued under section 61 (1)—Notice in conditional and not in express
and unambiguous terms—Whether taxpayer punishable.

Criminal Law-Traffic Ordinance (Cap. 232)-Use of car under authority of general identification mark-"Trade plate"-"Perfecting efficiency" of "demonstration car"-"Running-in"--Car used for visit to cinema-Whether breach of rule 10 (3) Traffic Rules, 1929.

Customs and Excise-Customs Management Ordinance (Cap. 261), section 216 (b) -Motor-car entering Uganda on carnet de passage from Belgian Congo and then into Kenya-Control of Imports Order, 1941, regulation 2-Car imported without import licence into Kenya-Importation of goods from a "foreign port" via Uganda-Whether import licence necessary-Whether car lawfully seized-Smuggling contrary to section 216 (a) originally alleged Whether estoppel from maintaining seizure under section 216 (b).

Criminal procedure and practice-Criminal ·Procedure Code, section 350-Petition· of Appeal-Advocate addressing letter to the Registrar conveying intention of arguing grounds of appeal not raised in petition-Alleged practice-Whether competent-Motion by appellant to amend petition by addition of further grounds of appeal-Discretion of Appellate Court-Circumstances which may move Court to exercise or refuse discretion.

Criminal Law-Police Ordinance, 1948, section 32 (a)-Convening an unlawful assembly-Section 30 (2)-Definition of "place of public resort"-Relevance of English case law-Whether place must be one of public resort before invitations issued.

Criminal Law-Penal Code, section 77-Unlawful assembly-Whether common purpose proved-Section 394-Conspiracy to commit felony--Whether intent proved-Section 303 (b)-Found armed at night with intent to break and enter a building-Whether general or particular intent necessary-Section 28 (1) Larceny Act, 1916, compared-Section 303 (c)-Found in possession by night of an instrument of housebreaking-Section 28 (2), Larceny Act, 1916, compared-Whether proof of particular intent necessary-Common purpose of housebreaking-Whether possession of one, possession of all---Common possession-Section 334 (1)--Malicious injury to property-Driver wilfully backing lorry info car-Whether passengers had common purpose.

Contract-Sale of Goods Ordinance (Cap. 290)-Section 6 (1)--Oral contract to purchase motor-car-Whether enforceable-Whether a deposit earnest or part-payment.

Criminal Law-Liquor Ordinance (Cap. 266) section 43 (1)-Sale of perfume containing spirit to Africans-:-Whether intoxicating liquor-Plea equivocal-No trial-Section 348 (2) Criminal Procedure Code No jurisdiction to pass sentence without trial.

Contract—Hire-purchase of motor-car—Sale by hirer to dealers with subsequent
sale to customer—Original seller signing transfer of ownership in name of
hirer—Whether holding out—Whether estopped from setting up title.

Contract-Hire-purchase of motor-car-Sale by hirer to dealers with subsequent sale lo customer--Original seller signing transfer of ownership in name of hirer-Whether holding out-Whether estopped from setting up title.

Landlord and tenant-Increase of Rent (Restriction) Ordinance, 1949-Section 2 (1) (a) (ii)-Assessment of standard rent by Board-Expert evidence of market costs of construction rejected-Board fixing lower figure-Whether Board acted unjudicially or erred in Jaw.

Criminal Law-Resident Labourers Ordinance (Cap. 113) section 25-Refusal of resident labourer to obey order-Whether power to convict of criminal offence.

Jurisdiction—African Courts Ordinance, 1951, section 12 (2)(b)—Suit for pay-
ment of price of piece of land and damages for breach of con tract—Wh ether

Supreme Court has jurisdiction to hear claim for damages for breach of
contract to sell land situate within the native lands.

Criminal Law-Traffic Rules, 1929-Rule 40-Failing to keep a motor lorry in good mechanical repair-Whether rule 40 ultra vires power conferred by section 57, Traffic Ordinance (Cap. 232) lnterpretation of Rules.