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Citation
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Judgment date
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| December 1957 |
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Street Traffic - Dangerous Driving - Notice of Intended Prosecution - Whether Letter Addressed to Registered Owner of Motor Vehicle Inquiring Who the Driver Was at a Particular Time and Alleging Dangerous Driving Constitutes Notice - Traffic Ordinance, 1953, s. 45 (1) and s. 48 (c) (K.)
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30 December 1957 |
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Criminal law - Illegal transportation of sugar - Forfeiture of vehicle used in commission of offence - Evidence as to identity of such vehicle necessary to entail forfeiture - Sugar Ordinance (Cap. 194), s. 4, s. 10 (1), s. 11 and s. 14 (K.)
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30 December 1957 |
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Practice-Leave to appeal to Privy Council subject to a conditional order—Failure to comply with a condition of the order—Application for extension of time for preparation and certification of record-East African (Appeal to Privy Council) Order in Council, 1951, s. 5 (b)
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20 December 1957 |
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Criminal law - Insanity - Fitness of accused to plead - Finding that accused fit to plead not justified by medical evidence - Criminal Procedure Code, s. 162 (K.)
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19 December 1957 |
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Criminal law-Murder-Provocation and intent—Misdirection
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19 December 1957 |
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Costs—Reference on taxation—Instructions fee—Objection as to quantum allowed by taxing officer—Certificate for two counsel given—Both counsel members of the same firm—Whether separate instructions fee can be claimed for each of them
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13 December 1957 |
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Criminal law-Practice-First information quashed-Second information filed in respect of the same depositions-Whether Attorney-General can prefer more than one information in respect of the same depositions and file one information subsequent to another if the first has been quashed-Penal Code s. 250 (K.)
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11 December 1957 |
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Personal tax-Accused convicted of default in payment of tax-No evidence of age of accused-Age at which liability begins-Personal Tax Ordinance, 1955, s. 45 (1) and s. 46 (1) (T.)
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10 December 1957 |
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Criminal law-Corruption-Evidence of police trap-Whether police counselled an offence to secure evidence
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9 December 1957 |
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Criminal law-Conspiracy-Objection to information-Insufficient particulars of offence alleged-Whether information discloses any offence known to criminal law-Penal Code s. 396 (6) (K.)-Bankruptcy Ordinance s. 1 39 (K.)
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4 December 1957 |
| November 1957 |
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Street Traffic—Motor Vehicle—Unlicensed Vehicle—Third Party Insurance—Driving, or permitting to be driven, a vehicle unlicensed and without valid insurance—Motor Vehicles Insurance Ordinance, s. 4 (T.)—The Traffic Ordinance, s. 42 (2) (T.)
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28 November 1957 |
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Criminal Law - Obtaining Money by False Pretences - Medical Practitioner Issuing Reports Based on Another Doctor's
Reports Without Examining the Persons Concerned - Whether False Pretence as to Existing Fact
Appellate Court - Findings of Facts - Duty of First
Appellate Court to Consider and Evaluate Evidence - Whether on Second
Appeal Findings of Facts Can Be Attacked - Criminal Procedure Code, s. 337 (U.)
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26 November 1957 |
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Pleadings - Disallowance of appeal on ground not in pleadings
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19 November 1957 |
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Criminal law — Evidence — Witness examined by reading out deposition at preliminary enquiry — Whether such procedure desirable
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14 November 1957 |
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Criminal law - Evidence - Admissibility - Admission - Statements by accused to a police officer - Whether the statements admissible in evidence - Indian Evidence Act, 1872, s. 25
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11 November 1957 |
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Landlord and tenant - Recovery of possession - Agreement constituting a licence or lease - Prima facie evidence
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11 November 1957 |
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Highway - Dedication - Agent's knowledge of user imputed to owner - Highways Ordinance (Cap. 167) (T.) - Land Tenure Ordinance (Cap. 113), s. 7 (T.) - Indian Easements Act, 1882 - Indian Evidence Act, 1872, s. 48. Cause of action - Trespass to and conversion of the same property - Whether one continuing transaction - Indian Limitation Act, 1908, s. 26, art. 39 and art. 48
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8 November 1957 |
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Criminal law-Assault , causing bodily harm-Construction of plea of the accused-Penal Code, s. 246 (K.)
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5 November 1957 |
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Damages-Basis of assessment for personal injuries
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4 November 1957 |
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Costs-Action in High Court-Judgment for Shs. 1poe885/- -Whether sufficient reason for awarding costs on High Court scale- Civil Procedure Ordinance, s. II (7) ( U.)
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4 November 1957 |
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Infant—Guardian—Custody—Welfare of child Guardianship and Wards Ordinance (Cap. 72) s. 13 (A.)
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2 November 1957 |
| October 1957 |
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Practice - Trial judge taking large part in examination of accused - Whether rule that justice must be seen to be done has been observed
Judge - Functions at trial - Interventions during examination of witnesses
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31 October 1957 |
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Agent - Period of limitation - Agent for cargo handling - Delegation of duty - East African Railways and Harbours Act, s. 2 (1), s. 2 (3) (e) and s. 92
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23 October 1957 |
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Land registration - Age of majority for purpose of holding land in Tanganyika - Land Registration Ordinance (Cap. 334), s. 81 (T.) - Conveyancing and Law of Property Act, 1881, s. 41, s. 42 (5) (i) and s. 43 - Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2 (1), (2) and (3) (T.) - Indian Majority Act, 1875
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23 October 1957 |
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Practice Plaint—Summary procedure-Claim for interest included with a claim for liquidated amount—Whether interest is a liquidated claim within O. 33—Civil Procedure Rules, O. 33 (U.)
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17 October 1957 |
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Practice - Setting aside dismissal of a suit - Suit dismissed for non-appearance - What constitutes "appearance" - Civil Procedure (Revised) Rules, 1948, O. 9, r. 19 and r. 20 (K.)
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17 October 1957 |
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Income Tax-Deduction in computing profits—Expenditure incurred in litigation con- cerning opposition to petition to wind up company-East African Income Tax (Management) Act, 1952, s. 14
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17 October 1957 |
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Mohamedan law—Marriage of adult virgin—Shafei sect—Father's right to restrain marriage-Whether father also entitled to custody and guardianship of adult unmarried daughter. Jurisdiction—Claim for injunction—Sharieh_law—Whether Supreme Court can grant injunction to prevent marriage—Supreme Court Ordinance, s. 8 (A.)—Interpretation and General Clauses
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15 October 1957 |
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Attachment - Warrant issued to attach movables including "temporary house" - Warrant affixed to house - Whether valid attachment of house - Civil Procedure Rules, O. 19 r. 40 and r. 51, (U.)
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15 October 1957 |
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Partnership - Pledging of credit of the firm by a managing partner - Managing partner not specifically authorised - Whether pledging of credit in the ordinary course of business - Whether firm and all the partners liable - Partnership Ordinance, s. 7 and s. 9 (K.)
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9 October 1957 |
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Criminal law—Evidence—Perjury—Whether necessary to prove the charge in the case wherein the accused is alleged to have committed perjury
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7 October 1957 |
| September 1957 |
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Evidence—Admissibility—Qualifications of expert not shown before examination. Housing Demolition order—Public Health Ordinance, s. 59, s. 68 (1) and s. 118 (U.). Practice—Proceedings incorrectly intituled—Law Reform (Miscellaneous Provisions) Ordinance, 1953, s. 18 (5) (U.)—Law Reform (Miscellaneous Provisions) (Rules of Court) Rules, 1954, r. 3 (U.)
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27 September 1957 |
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Bill of exchange - Promissory notes - Whether notice of dishonour given to endorser or waived - Whether endorser absolved from liability - Bills of Exchange Ordinance, s. 50 (2) (d) (ii) (U.)
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27 September 1957 |
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Criminal law-Evidence—Accomplice-Whether certain prosecution witnesses were accomplices and required corroboration
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27 September 1957 |
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Guarantee - Promissory notes given as collateral security - Failure to give notice of dishonor to guarantor - Whether liability of guarantor discharged - Indian Contract Act, 1872, s. 139 and s. 141 - Bulk Sales Ordinance (Cap. 251) (U.)
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27 September 1957 |
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Res judicata - Stay of proceedings - Arbitration clause in partnership agreement - Arbitration Ordinance s. 17 (U.)
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27 September 1957 |
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Sale of land-Caveat—Caveat lodged by members of a Sikh Temple, a charitable trust and body corporate-Notice to caveators of submission of transfer—Application to High Court filed but not heard within thirty days from date of notice-Whether caveat lodged by “a beneficiary claiming under any will or settlement”—Whether caveat lapsed-Registration of Titles Ordinance, s. 149 (U.)—Trustees (Incorpora- tion) Ordinance, 1939 (U.)
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27 September 1957 |
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Criminal Law-Killing an animal in a National Park in self-defence-Whether an offence under the National Parks Ordinance (Cap. 253), s. 13 (I) (b) (T
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27 September 1957 |
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Criminal law - Murder - Principal in the second degree - What amounts to presence at the commission of the offence - What amounts to conduct "countenancing” the commission of the offence - Penal Code s. 22 (b) and (c) (T.)
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25 September 1957 |
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Criminal law—Plea—Recording of—Criminal Procedure Code, s. 203 (T.). Criminal law—Power to convict of kindred offence—Criminal Procedure Code, s. 186 (T.)
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25 September 1957 |
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Sale of goods-Implied warranty-Buyer's opportunity to inspect goods before delivery- Whether doctrine of "caveat emptor" applies-The Contract Decree (Cap. 80), s. 111, s. 113 and s. 114 (Z.)
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20 September 1957 |
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Insurance—Policy containing arbitration clause for determining amount of damage—Whether insured obliged to obtain award before suing his insurers
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18 September 1957 |
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Costs-Taxation-Review of taxing officer's order-Whether court should interfere
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17 September 1957 |
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Public authority - Statutory powers - Streets - Whether public or private - Municipalities and Townships (Private Streets) Ordinance, 1951 (K.), s. 2 and s. 7 - Municipalities and Townships (Private Streets) (Amendment) Ordinance, 1952 (K.)
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12 September 1957 |
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Criminal law - Procedure - Recording of plea in subordinate court when accused admits charge - Accused an African - Necessity of recording as nearly as possible the words used - Criminal Procedure Code, s. 205 (2) (K.)
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9 September 1957 |
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Costs - Reference on taxation - Same counsel appearing in appellate and lower courts - Certificate for two counsel given - Principle to be applied when taxing costs for the appeal
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9 September 1957 |
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Bill of Exchange—Promissory note—Agreement to lend with promissory notes as collateral security—Whether giving of notes discharges liability under agreement. Bill of Exchange—Promissory note—Cheque taken by bank in payment of notes dishonoured on clearance—Whether acceptance of cheque constitutes payment. Bill of Exchange—Promissory note—Payment by cheque subsequently dishonoured—Endorser of notes notified of dishonour four days after due date of payment—Whether notice given within reasonable time—Bills of Exchange Ordinance, s. 49 (12) and s. 50 (1) (U.). Pleading—Promissory note—Waiver of notice to endorser of dishonour not pleaded—Whether necessary to plead
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5 September 1957 |
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Criminal law-Per jury-Irregularity in recording evidence in a civil case—) -Whether the evidence recorded is evidence in a subsequent trial for perjury—Indian Civil Procedure Code, O. 18, r. 5
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3 September 1957 |
| August 1957 |
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Criminal Law—Autrefois Convict—Respondents members of Police Force—Convicted and sentenced by Orderly Room Tribunal on disciplinary charge—Subsequently charged with rape on same facts in magistrate's court—Whether respondents entitled to plead autrefois convict—Police Ordinance, 1948, s. 41 (44), s. 43 and s. 62 (K.)—Criminal Procedure Code, s. 138 and s. 367 (K.)
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27 August 1957 |
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Rent Restriction-Recovery of possession—Possession claimed by landlord for reconstructing dwelling into commercial building—Whether purpose of recovery of possession in the public interest—Meaning of “purpose in the public interest”—Rent Restriction Ordinance (Cap. 301), s. 19 (1) (ƒ) and (i) (T.)
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26 August 1957 |