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Citation
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Judgment date
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| January 1928 |
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The applicant's second appeal dismissed: section 3(2) does not permit appeal from a High Court judgment.
Appeal — Jurisdiction — Appeals to the Court of Appeal Ordinance 1922 s.3 — Scope of right of appeal confined to s.3(1); s.3(2) "order" not to be read as including High Court judgments dismissing appeals — Second appeal dismissed for want of jurisdiction — Filing venue under EAC of Appeal Rules 1925 s.6(1).
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1 January 1928 |
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Court has no power to substitute reformatory detention for payment of a fine under the Reformatory Schools Ordinance.
* Reformatory Schools Ordinance – sentencing powers – whether detention in a reformatory may be imposed in lieu of payment of a fine – no such power exists. * Sentencing – alteration of imprisonment to reformatory detention where authorized; orders converting fines to reformatory detention are invalid.
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1 January 1928 |
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1 January 1928 |
The Reformatory Schools Ordinance (Cap 89)—power. to award
a sentence of detention in. a reformatory in lieu of the payment |
1 January 1928 |
The Indian Evidence Act, 1872—section 25–,-confession made to
a police officer not to be pzo'ved. |
1 January 1928 |
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A third-class magistrate may impose the Stock and Produce Theft Ordinance's mandatory ten-times-the-value fine even if it exceeds C.P.O. limits.
Criminal law — Interaction of general procedural fines limits and specific statutory fines — Stock and Produce Theft Ordinance (mandatory ten-times fine) applies to "any Court" including third-class magistrates — Criminal Procedure Ordinance section 17(3) does not derogate from special statute.
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1 January 1928 |
Civil Procedure Decree, 1917, Order 13, Rule 4 (2)—.Endorse-
ment of exhibits. |
1 January 1928 |
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An appellate court must not consider a document lacking the judge’s required endorsement; omission here required retrial.
Civil procedure — Evidence — Endorsement of exhibits — Order XIII r.4(2) — Document copies from books/accounts must bear judge’s endorsement — Unendorsed documents inadmissible on appeal; appellate power under Order XLI r.24 limited where excluded exhibit is material.
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1 January 1928 |
Civil Procedure Rules 1927—Order 5, Rule 27. Service where
defendant resides out of the Colony. |
1 January 1928 |
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Service by registered post on a respondent abroad is valid despite the respondent’s refusal to accept the registered packet.
Civil procedure – Service out of jurisdiction (Order V r.27) – Service by registered post – Delivery and postal marking of refusal – Refusal to accept does not defeat service; presumption of delivery under Evidence Act.
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1 January 1928 |
Indian Limitation Act, 1877, Article 179—period of limitation for
execution of a decree or order of any Civil Court not provided
for by Article 180. |
1 January 1928 |
The Native. Registration Ordina4ce (Cap. 127), se&tiOn.
endorsement of certificate. by employer. |
1 January 1928 |
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Employer who has native working under his orders must endorse registration; hiring via intermediary does not avoid statutory duties.
* Labour law – Employment of Natives Ordinance – personal employer-employee contract required – hiring-out by intermediary not sanctioned – endorsement of native’s registration certificate required where engagement exceeds twenty-four hours.
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1 January 1928 |
Civil Procedure Rules, 1927—Order 23, security lor costs of a
defendant. |
1 January 1928 |
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An application for security for costs under Order XXIII must be by motion on notice and heard in open Court, not in Chambers.
Civil procedure – Order XXIII r.2(3) – Security for costs – "Any application under this rule shall be made by motion on notice" – "the Court" construed as Court sitting in open Court – Judge in Chambers lacks jurisdiction to grant security for costs where procedure requires motion on notice.
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1 January 1928 |
Sheria—declaration of paternity. |
1 January 1928 |
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A valid Sheria oath disavowing paternity bars the applicant’s claim absent proof of acknowledgment or post-confrontation silence.
Sheria – paternity claims; concubine (slave) offspring – disavowal by oath (Minhaj Book 44); effect of delay or silence after child is shown; requirement of mother’s presence and denial of Steburai; burden to prove acknowledgment of paternity.
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1 January 1928 |
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A betrothal without the prospective bride's consent is unenforceable and parents in Uganda cannot contract marriages for their children.
* Mohammedan law/Contract of marriage – Betrothal without the prospective bride’s consent – unenforceability by Protectorate courts.
* Family law – Parental authority – Parents in Uganda have no power to contract marriages of their children.
* Restitution – Gifts and expenditures made in contemplation of marriage may be recoverable in proper proceeding, but not under improperly pleaded claims.
* Equitable relief – Injunction restraining marriage unavailable where betrothal is void.
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1 January 1928 |
Mohammedan Law—contract of marriage. |
1 January 1928 |
Arbitration Ordinance (Cap. 18) |
1 January 1928 |
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An express clause requiring umpire appointment before arbitrators act is a condition precedent; court refused to enlarge time.
Arbitration — submission terms — appointment of umpire as condition precedent — statutory provisions (Arbitration Ordinance s.6(c)) do not override express contractual restrictions — court’s discretion to enlarge time under s.10 limited where condition precedent unmet.
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1 January 1928 |
Civil Procedure Rules, 1927, Order 10, Rule 14—production of
documents. |
1 January 1928 |
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A court need not probe beyond a liquidated plaint before giving judgment where the defendant defaults.
Civil procedure — Production of documents (Order 10, Rule 14) — Registrar’s power to call for documents — Default judgment on liquidated demand — Court not required to go beyond plaint where defendant fails to appear.
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1 January 1928 |
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The Court held that monies sanctioned to the applicant vest in trust and can only be altered by suit judgment, not by limitation.
Wakf Commissioners Ordinance s.13 – Court sanction of payment – Effect and non-recallability of sanction; Vesting – funds held by Commissioners primarily as trustees for lawful heirs and secondarily for local Mohammedans; Limitation/prescription – Sharia and English practice favour paying established claims despite local 12‑year native‑court dormancy rule; Duty of trustee – obligation to scrutinise and pay valid claimants.
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1 January 1928 |