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Citation
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Judgment date
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| January 1927 |
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Court has jurisdiction under s.17 if the cause arose locally and the defendant was duly served.
Civil procedure – Territorial jurisdiction – Section 17 C.P.C. – Cause of action arising in forum and service on absent defendant suffices for jurisdiction; Section 20 C.P.C. – written notice and stay of proceedings where defendant not resident; Judgments Extension Ordinance (Uganda) – permits transfer/execution of decrees but does not confer jurisdiction.
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1 January 1927 |
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A servant's indebtedness does not attract criminal penalty under s.53 unless a valid contract and genuine advance are proved.
Employment law – Employment of Natives Ordinance (Cap. 189) s.53 – Penalty for servant leaving before working off an advance – Requirement of existing valid contract and genuine advance; ordinary loans between employer and employee are civil matters, not criminal under the provision.
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1 January 1927 |
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Outstaying granted leave is not an offence under s.48(5); conviction set aside due to defects and legal misapplication.
Natives Ordinance (Cap.139) – section 48(5) – outstaying granted leave does not amount to departing without lawful excuse; omission to return may fall under section 47(2). Criminal procedure – defective complaint and wrong statutory warrant undermine conviction. Employer payment – advance versus loan; separate loan not attracting penal sanctions under the Ordinance.
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1 January 1927 |
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Occupier not criminally liable for squatters’ excess cattle absent clear statutory offence; conviction quashed.
Resident Native Labourers Ordinance – s.10 permissive right to take stock with occupier consent and Magistrate approval – absence of express penal provision for taking stock without approval – occupier not criminally liable for squatters' excess cattle or misconduct unless statute plainly creates offence – improper to charge aggregated offences relating to an indefinite number of squatters.
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1 January 1927 |
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The accused's conviction under s48(2) was quashed for inadequate findings, defective charge particulars, and an unlawful sentence.
Employment of Natives Ordinance s48(2) — elements of offence: omission/refusal to do lawful act and nexus to wilful breach, neglect or drunkenness; requirement for magistrate's specific factual findings (Criminal Procedure provisions); statutory requirement for particulars in charge (s181 Cap.7); sentencing limits — cannot impose both substantive imprisonment and fine; fine cannot be used to compel compensation; conviction quashed.
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1 January 1927 |
The Resident Iati.re Labourers' Ordinance, section 1G—rnove-
ment and branding of resident natives' cattle. |
1 January 1927 |
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Keeping cattle beyond a contractual allowance may justify rescission but does not constitute a criminal offence; conviction quashed.
* Labour/contract law – Resident Native Labourers' Ordinance – excess cattle beyond contractual allowance does not constitute a criminal offence; contractual remedies (rescission) available to occupier.
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1 January 1927 |
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A clerk is not a "servant" under Employment of Natives Ordinance s.2; conviction set aside.
Employment of Natives Ordinance (Cap. 139) – definition of "servant" – whether a clerk falls within the definition – clerk excluded; conviction quashed.
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1 January 1927 |
Native Authority Ordinance (Cap. 129), section 8 (j)—power of
headman to issue orders regulating the movement of, natives
from the jurisdiction of one headman to that of another. |
1 January 1927 |
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A clerical overseer is not a "servant" under Cap. 139 s.2; magistrate's withholding order under s.45(1)(a) is invalid.
* Employment law – Employment of Natives Ordinance (Cap. 139) – Definition of "servant" – Whether a clerical overseer is a "servant" under s.2 – Common-law employment vs. statutory labour relationship.
* Procedural law – Criminal revision – Review of magistrate's application of statutory provisions – Invalidity of order made under inapplicable statute.
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1 January 1927 |
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Monthly-reporting order for habitual offender under 1916 Rule held ultra vires; default imprisonment reduced to simple.
Criminal law – Habitual offenders – Rule requiring monthly reporting – 1916 Rule (Rule 9) held ultra vires under section 446(3) Criminal Procedure Ordinance; default imprisonment altered from rigorous to simple.
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1 January 1927 |
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Conviction under s.8(j) quashed: orders must be proven, "movement" means change of residence, and regulations must be specified.
* Native Authority Ordinance (Cap.129) s.8(j) – requirement of proof of promulgation of orders; meaning of "movement" as change of residence; "regulate" ≠ "prevent"; "headman" = s.3 appointee; charges must set out regulations relied upon.
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1 January 1927 |
Employment of Natives Ordinance (Cap.. 139), section 2—defini-
tion of servant. |
1 January 1927 |
Habitual Offenders—Rules under section 446 of• the Criminal
Procedure Ordinance. |
1 January 1927 |
Employment of Natives Ordinance (Cap. 139) section 48 (5)-
without lawful cause departing front his employer's service
with intent not to return thereto. |
1 January 1927 |
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A Muslim wali is entitled to custody of a marriageable girl; voluntary caregivers cannot claim retention or compensation.
* Mohammedan law – custody of marriageable girl – role and rights of the wali; assent of wali required for marriage.
* Voluntary maintenance – caregiver cannot retain custody or claim compensation as defence against wali's recovery action.
* Custody – recovery of child entrusted but not delivered; guardian's right upheld.
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1 January 1927 |
Section 4 of the Mohammedan Marriage Divorce and Suceesion
Ordinance, 1920.—devolution of property of a member of the
Wa-Digo tribe who was a Mohammedan. |
1 January 1927 |
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Where a native contracted marriage under Mohammedan law, the 1920 Ordinance makes succession patrilineal under Mohammedan law.
* Succession – Mohammedan Divorce and Succession Ordinance 1920 s.4 – Applicability where deceased contracted marriage under Mohammedan law – Succession governed by Mohammedan principles and patrilineal descent.
* Customary law v. statutory/religious law – Tribal matrilineal custom cannot displace express statutory application of Mohammedan succession; proviso limited to sects.
* Procedure – Lower courts’ failure to consider applicable Ordinance noted.
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1 January 1927 |
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An ex parte proof-of-debt scrutiny in insolvency is not a suit and does not bar a subsequent indemnity action by the creditor.
Insolvency law – Proofs of debt – Scrutiny of proofs ex parte – Does not constitute a suit for res judicata (CPC s.13); Insolvent’s discharge – effect on indemnity claims – creditor who stands aside retains cause of action; Civil Procedure – res judicata – requires an adjudicative, adversarial determination of the substantive matter.
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1 January 1927 |
The Walt-f Commissioners Ordinance (Cap. 28) Section 10-'-unclaimed property of Mohammedan natives to vest in Corn-
missioners. |
1 January 1927 |
The Bankrupthy Ordinance, 1925 (Ordinance NO. I of 1926)-
'Section 18, compositions and schemes of arrangement;
&ction. 28,', discharge of bankrupt. . |
1 January 1927 |
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Owner liable for cattle movement only if sufficiently connected to movement; procedural defects warranted quashing convictions.
Criminal law — animals — moving cattle without permit — owner liability requires demonstrable connection to movement; improper joinder of accused; necessity of recording native plea in accused’s own words.
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1 January 1927 |
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1 January 1927 |
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Article 179 governs execution limitation where the court is not established by Royal Charter; application dismissed as time‑barred.
Indian Limitation Act 1877 – execution of decree – period of limitation – Article 179 applicable where court is not established by Royal Charter – Article 180 inapplicable – Supreme Court of Colony and Protectorate not a Royal Charter court – application time-barred.
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1 January 1927 |
Indian Limitation Act, 1877—application to suits brought •by
natives. |
1 January 1927 |
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Payments by an insolvent to creditors before the actual adjudication date are protected under section 38.
* Insolvency law – Provincial Insolvency Act 1907 – construction of "the date of the order of adjudication" – relation-back principle – section 16(6) not to be read so as to alter section 38; * Section 38 – protection of transactions (including payments to creditors) taking place before the actual date of adjudication; * Preferential payments between petition and adjudication may be protected if bona fide.
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1 January 1927 |
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Guardian could admit minor sons to partnership benefits making their partnership shares liable for firm debts; managing partner could validly mortgage partnership property.
* Family/Customary law – Khoja community – application of Hindu/Judicial analogies to family business succession and partnership membership. * Partnership law – admission of minors to benefits (Contract Decree s.247) – liability of minors’ shares for firm obligations and repudiation procedure (s.248). * Agency/Partnership authority – managing partner’s power to bind firm by mortgage (Contract Decree/Art.251). * Succession – widow’s right to maintenance under Khoja custom subordinate to trading creditors.
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1 January 1927 |
Hindu Law—application to a Khoja family—power of guardian to
bind minor sons..
Khoja custom—right of widow to maintenance.
Contract Decree (Zanzibar), section 251—power of managing
partner to execute a mortgage. |
1 January 1927 |
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Aggregate wage advances cannot be split to invoke the penal provision; employer’s remedy becomes civil after contract rescission.
Employment of Natives Ordinance (Cap. 139) – advances of wages – whether aggregate advances may be split to attract penal provision (s.53) – rescission of contract on grant of leave converts remedy to civil action.
|
1 January 1927 |
Employment of Natives Ordinance (Cap. 139), section 53-
penalty on servant leaving service before working off an
advance of wages. |
1 January 1927 |
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Bankruptcy petition on detained but unadjudged lunatic may be served on a relative and the hospital medical officer.
Insolvency jurisdiction – Service of bankruptcy petition on person detained in mental hospital but not adjudged lunatic – Application of local Bankruptcy Rule 115 to allow service on last-known residence/place of business and on medical officer – Distinction between detained but unadjudicated lunatic and an adjudged lunatic – Costs from estate.
|
1 January 1927 |
Moving cattle without a perrni, Rule 14 of the Diseases of
Animal Rules (Cap. 157), read with Section 16 of the
Diseases of . Animals Ordinance (Cap. 157). |
1 January 1927 |
Employment of Natives Ordinance (Cap. 139), section 53—penalty
on servant leaving service before working ofi an advance.
of wages. |
1 January 1927 |
The Indian Contract Act, 1872, section 178—right of a gratuitous
bailee to make a valid pledge. |
1 January 1927 |
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A gratuitous bailee with only qualified possession cannot validly pledge goods; pawnbrokers are not protected under s.178.
* Indian Contract Act, 1872 s.178 – possession for pledge – gratuitous bailee – qualified/limited possession does not constitute possession enabling valid pledge.
* Pawnbroker protection – good faith insufficient where pledgor had only qualified possession.
* Civil procedure – s.517 CrPC – discretionary orders reviewed for lawful exercise of judicial discretion.
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1 January 1927 |
Highways Ordinance (Uganda), section 12 (1)—contributory
negligence |
1 January 1927 |
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An overtaking driver’s close, high‑speed pass without being waved on can constitute dangerous driving; contributory negligence is no criminal defence.
* Criminal law – Dangerous driving – Highways Ordinance s.12(1) – Overtaking and responsibility of overtaking driver – must ensure other driver has waved on or is aware; passing closely at speed can constitute driving to public danger.
* Criminal law – No contributory negligence defence – conduct of other road user irrelevant to accused’s criminal liability.
* Criminal procedure – Appeal from acquittal under s.323 C.P.C. – allowable where acquittal rests on erroneous statement of law affecting public interest.
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1 January 1927 |
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Attendance fee limited to Sh.30 where no prior-day notice; one-sixth reduction disallows preparation, service and taxation attendance costs.
Costs — Advocates' remuneration — Attendance on day fixed for hearing when case not reached — Proper fee where no prior-day notice: Sh.30; Taxation — Rule 41 — Effect of one-sixth disallowance of bill: disallows preparation/service items and attendance-at-taxation fee in established practice.
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1 January 1927 |
Rape, section 376 I.P.C.—liabiity of person who is himself.
physically incapable of committing the offence. |
1 January 1927 |
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A person physically incapable of committing rape may nonetheless be convicted as an abettor if he assisted the perpetrator.
Criminal law – Rape – Liability of person physically incapable of committing the substantive offence – Physical incapacity does not bar conviction as abettor where assistance to perpetrator is proved.
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1 January 1927 |
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Court may approve a bankrupt’s composition and grant a suspended discharge despite offences if it benefits creditors.
Bankruptcy – compositions and schemes of arrangement – Section 18 and Section 28 of Bankruptcy Ordinance – discretion to approve a scheme despite debtor’s offence – creditor and Official Receiver support as special reasons – suspended discharge.
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1 January 1927 |
Employment of. Natives Ordinance (Cap. 139)—section 2-
interpretation of the term servant ". |
1 January 1927 |
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Whether a native recruiter or a motor vehicle driver falls within the Employment of Natives Ordinance's definition of "servant."
Employment of Natives Ordinance (Cap. 139) – s.2 definition of "servant" – whether recruiter or motor vehicle driver falls within enumerated classes – meaning of "domestic servant" – magistrate must have evidence employee’s duties fit s.2 before invoking Ordinance.
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1 January 1927 |
Civil Procedure 'Rules, 1927—Order 22, withdrawal and adjust-
ment of suit. |
1 January 1927 |
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Plaintiff may discontinue suit after summons served because the suit had not been set down for hearing.
Civil procedure — Discontinuance of suit — Whether issuance and service of summons equals 'setting down for hearing' — Interpretation of Order XXII, Rule 1 and Rule 2; Order V, Rule 1(1)(b); Order II, Rule 10; handing in of plaint not 'any other proceeding'.
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1 January 1927 |
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An advocate taking an interest in litigation outcomes by agreement commits professional misconduct under the Legal Practitioners Rules, 1926.
Champerty; maintenance; enforceability of agreements relating to litigation; professional misconduct by legal practitioners under Legal Practitioners Rules, 1926; applicability of English statutes and common law alongside the Indian Contract Act.
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1 January 1927 |
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Granting 14 days' leave under a 30-day contract rescinded the contract, nullifying criminal liability for failing to return.
Employment law – Employment of Natives Ordinance (Cap.139) s.53 – Effect of leave on continuity of short-term contract – Rescission of contract where leave prevents required days falling within statutory 42-day limit – Admission by accused null where no legal obligation to return.
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1 January 1927 |
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Appeals from native tribunals attract ordinary limitation law; a 27‑year dormant matrimonial‑price claim was barred as unjust.
* Civil procedure – Appeals from Kiama/Native Tribunals treated as original suits – Native Tribunal Rules 1918 s.14 – application of ordinary law of limitation.
* Limitation – applicability to suits involving natives – Kenya Order‑in‑Council 1921 Art.7 allows discretionary application to secure substantial justice.
* Evidence of long delay – ancient claims may be barred where claimant took no steps to enforce rights.
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1 January 1927 |
Section 11.2 of the Bankruptcy Act, 1914—operation of a receiving
order against partner who, at the date of the receiving order,
had not been identified as being a partner. |
1 January 1927 |
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A receiving order against one trading as a firm can operate against a secretly undisclosed partner, permitting later adjudication.
* Bankruptcy law – receiving order against person "trading as" firm – operation against partners (B.R. 285) – secret partnership does not defeat creditor rights.
* Bankruptcy procedure – adjudication against partners individually (B.R. 288) – adjudication may follow discovery of partner.
* Procedural point – service defects and requirement for proof of personal act of bankruptcy; split decision on validity.
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1 January 1927 |