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Citation
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Judgment date
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| January 1939 |
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An architect-appointed sole arbiter’s considered certificate is final and binding unless procured by fraud or collusion.
Building contracts – clause appointing architect as sole arbiter – architect’s certificate/assessment as final and binding – formal arbitration not required – challenge only for fraud or collusion; civil procedure – non-joinder objection must be raised at earliest opportunity.
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1 January 1939 |
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The respondent's discretionary disposal under an option is valid; no fiduciary duty arises absent fraud, so related-party sale stands.
Option agreements – discretion to dispose property – whether exercise of option creates fiduciary duty; disposal to company controlled by grantee; apportionment of consideration under contractual clause 9(c); validity of share consideration as "disposal"; requirement of fraud/bad faith to set aside related-party sale.
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1 January 1939 |
Income Tax—Company in liquidation carrying on no business during the year of assessment—Liability of Company—Liability, of Liquidator—Nyasaland Income Tax Ordinance, Chapter 49, sections 5, 6 and 7—Companies Consolidation Act, 1908, section 206. |
1 January 1939 |
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Presentation of unstamped foreign-executed instruments to a public officer mandates impounding; Revenue Authority’s penalty lies within statutory discretion.
Stamp duty – unstamped instruments executed outside Protectorate – interplay of s.17 (three-month stamping period) with s.33/s.35 (mandatory impounding/refusal to register) – s.38 forwarding to Revenue Authority – s.40(1)(b) discretion to impose penalty up to ten times duty – remedy for refund under s.45; s.41 on accidental omission.
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1 January 1939 |
Leave to appeal to the Privy Council—Notification of intention to
apply for leave to enter and prosecute the appeal in /or,na
pauperis—Conditions of leave to appeal—Eastern Africab
(Appeal to Privy Council) Order in Council, 1921, Articles 3
and 6. |
1 January 1939 |
Plead i ng—Li mitation—Amendment of pleading—Suit on foreign judgment—Kenya Limitation Ordinance, 1934, secs. 3, 5, 40, 41. |
1 January 1939 |
Bankruptcy—Time for filing appeal—Conflict of laws—Bankruptcy Rules, 1915, Rule 130—Eastern African Court of Appeal Rules, 1925, Rule 8. |
1 January 1939 |
Contract not to be performed within a year—Contract of service-Absence of memorandum under section 4 Statute of Frauds- Implied contract for remuneration of services actually rendered. The facts appear sufficiently from the judgment. |
1 January 1939 |
Costs—Liquor Ordinance, 1934, section 66—Costs incurred by members of Licensing Court in legal proceedings—Defence conducted by Legal Department on behalf of the Licensing Court. |
1 January 1939 |
Concurrent jurisdiction of High Court and Lukiko Court of Buganda—Breach of contract to lend money—General damages—Special damages—Pleading—Uganda Order in Council, 1902, Article 15 (1)—Uganda Courts Oidinance (Cap 39), section 24—Native Courts in Buganda Proclamation Clause 1 (a) A. |
1 January 1939 |
Effect of bankruptcy on antecedent transactions—Execution of judgment for more than four hundred shillings—Bankruptcy Ordinance, 1930 (Kenya), section 43 (2). |
1 January 1939 |
Bankruptcy—Private examination—Issue of summons—Uganda Bankruptcy Ordinance, Cap. 12, sections 27, 78 (3)—Bankruptcy Rules,
Rule 74. |
1 January 1939 |
Partition Act, 1868, section 4—Sale in lieu of partition—Right of owner of one moiety—Onus of proof of good reason against sale. |
1 January 1939 |
(Appeal from decision of H.M. Sopreme Court of Kenya)
Criminal law—M urdel—Manslaughter—lnsanity--.---Insane delusion-
Provocation—Kenya Penal Code, sections 191 and 192. |
1 January 1939 |
Criminal law—Mufder—Manslaughter—Intent to cause grievous harm. |
1 January 1939 |
Criminal law—Murder—Manslaughter—Malice—intent to cause griev-
ous harm—Infirmity of deceased. |
1 January 1939 |
Criminal law—Collectionsfr.om natives—Native Authority Ordinance (Kenya), 1937, sec. 8 (n)—Powers of headman—"Regulating"-
Plea of guilty. |
1 January 1939 |
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Death occurring during attempted rape or violent felony establishes malice under s.196(c), supporting a murder conviction.
Criminal law – Murder – Malice aforethought under s.196(c) – Death during commission/attempt of felony likely to involve violence (rape/indecent assault) – Circumstantial evidence sufficiency – Rex v. Beard applied.
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1 January 1939 |
Criminal law—Murder --- Manslaughter—Provocation—Whether mere
abuse can amount to provocation. |
1 January 1939 |
Murder—Manslaughter—Provocation. |
1 January 1939 |
(Appeal from decision of H.M. High Court of Uganda)
Criminal Law—Murder—Common intention—Conspiracy—Tanga-
nyika Penal Code, section 22. |
1 January 1939 |
Murder—Recent possession—Nexus between stock theft and murder. |
1 January 1939 |
Criminal Procedure - Murder - Charge - Information - Duplicity—Murder of three, persons charged in one count—No failure of
justice—Trial validity—Tanganyika Criminal Procedure Code,
sections 132 and 335. |
1 January 1939 |
Criminal law—Evidence—Hearsay—Dying statement—Non-direction. |
1 January 1939 |
Criminal law—Murder—Proof of killing—Identification of corpus, delicti—Circumstantial. evidence. |
1 January 1939 |
(Appeal from decision of H.M. Supreme Court of Kenya)
Criminal Law and Procedure—Evidence—Impropriety of bringing
accused persons before a baraza of native elders during police
investigation—Subsequent confession to District Commissioner
after due warning and caution. |
1 January 1939 |
Criminal law—Murder—Pr'ovocation—Witchcraft. |
1 January 1939 |
Criminal law and procedure—Admission by accused at preliminary
inquiry—Insufficient evidence at close of Crown -case to justify
committal for trial—Defence----Trial—Jncjictment__Crimjnal Pro-
cedure -Code (Tanganyika) secs. 196A, 213, 228 and 233. |
1 January 1939 |
Criminal law—Murder—Manslaughter—Provocation. |
1 January 1939 |
Criminal Law—Murder—Insanity. |
1 January 1939 |
Criminal Law—Evidence—Corroboration—Indian Evidence Act,
section 157. |
1 January 1939 |
Criminal law—Second Appeal—Receiving property knowing it to have been stolen—Guilty knowledge—Mens rea—Reasonable doubt- Accomplice—Evidence of thief—Corroboration—Penal Code
(Tanganyika), section 295 (1). |
1 January 1939 |
Criminal Procedure—Appeal—Appellant becoming of unsound mind-Adjournment sine die. |
1 January 1939 |
Criminal Law—Evidence--Confession made in presence of Sub-
Inspector of Police—Retracted confession—Uganda Evidence
Ordinance, section 24. |
1 January 1939 |
Criminal Procedure—Trial—Nullity—Absence of assessors—Criminal
Procedure Code, Uganda, section 265. |
1 January 1939 |
Evidence—Admissibility of sketch plan. |
1 January 1939 |
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Appellant's murder conviction upheld despite apparent witness discrepancies; omission to report supported adverse inference under s.114.
Criminal law – murder – credibility of witnesses – apparent discrepancies in time and distance – caution in assessing estimates by African and Asiatic witnesses; Assessors' opinions persuasive but not binding on trial judge; Failure to report as supporting adverse inference (Indian Evidence Act s.114, Ill. G); Importance of on‑the‑spot sketch plans for scene reconstruction.
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1 January 1939 |
Criminal law—Leave to appeal to the Privy Council—Eastern African
(Appeal to Privy Council) Order in Council, 1921, Article 3 b. |
1 January 1939 |
Criminal Law—Direction as to failure to disclose alibi before trial. |
1 January 1939 |
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A retracted confession requires careful corroboration; a statutory statement can amount to admission supporting murder conviction.
Criminal law – Murder – Retracted confession – Danger of acting on retracted confession depends on manner of retraction; corroboration in material particulars required. Criminal law – Statutory statement – May constitute an admission of guilt and support conviction. Criminal law – Party liability – Presence, agreement to common intention and assistance after the act can establish culpability.
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1 January 1939 |
Criminal Law—Murder—Manslaughter—Provocation----Kenya Penal
Code, section 199—Reasonable doubt. |
1 January 1939 |
Right of appeal from conviction by a subordinate court pursuant
to a direction of Supreme Court of Kenya on a case stated-
Criminal Procedure Code (Kenya), sections 333, 346, 353, 35J and 360. |
1 January 1939 |