East African Court of Appeal - 1960 April

Work and labour-Repairs to motor vehicle—Quotation for repairs given— Claim in excess of quotation—Vehicle unsatisfactory after alleged repairs done-Duty to exercise reasonable care and skill. 
 

Practice-Service of summons—Defendant in India-Service on defendant's wife—No duplicate of summons delivered or tendered—Whether service bad -Civil Procedure Rules, O. 9, r. 3, O. 5, r. 9 and r. 14 (U.).

Criminal law-Robbery-Misdirection—Evidence that the accused flung a bottle picked up at the scene of the crime- Finding that whether the bottle was flung by the accused or by a companion is immaterial—Common design—Misdirection fatal to the conviction. 
Criminal law-Practice-Accused charged with robbery-Plea of guilty to theft C with denial of violence—Omission by magistrate to explain substance of charge and inform accused of his rights—Accused convicted—Whether irregularity fatal to conviction—Criminal Procedure Code (Cap. 20), s. 206 (1) (T.)—Criminal Procedure Code (Cap. 27), s. 209 (K.)

Criminal law-Evidence—Admissibility of confession by co-accused against other co-accused-Accused charged with receiving stolen property on two different dates—Both offences arising out of a single transaction—Meaning of "the same offence"-Penal Code, s. 298 (1) (U.)—Evidence Ordinance (Cap. 9), s. 28 (U.)—Indian Evidence Act 1772, s. 30. 
 

Jurisdiction—Native court-Action begun in High Court alleging negligence— Both parties Africans—Application for transfer of action to Principal Court of Buganda-Whether Principal Court has jurisdiction—Buganda Courts Ordinance (Cap. 77), s. 2, s. 7 and s. 9 (U.)

Income Tax-Agricultural land—Assessable income—Deductions from income for capital expenditure-Expenditure on clearing and planting sisal allowed— Claim for expenditure on maintaining planted land-Whether deduction C allowable-The East African Income Tax (Management) Act, 1952, s. 14, s. 77, s. 98; The Second Schedule thereto, paras. 22, 29, 30, 33, and 39; The Fifth Schedule thereto-The Income Tax (Consolidation) Ordinance, 1950, s. 13 and the Second Schedule thereto, paras. 29 and 30 (T.). 
 

Immigration—Removal order—Appellant claiming to be adopted son of Kenya resident—Onus of proof of adoption—Whether statement that an adopted son is a “son” constitutes material misrepresentation—Defence (Admission of Women and Children) Regulations, 1940, Reg. 3 and item (c) of the Schedule thereto (K.)-Immigration (Control) Ordinance, 1947, s. 5 (K.)—Immigration Ordinance, 1956, s. 8 and s. 18 (K.)—Interpretation and General Provisions Ordinance, 1956, s. 3 (K.)—Indian Evidence Act, 1872, s. 106 as replaced by the Evidence Act (Amendment) Ordinance (Cap. 12), s. 3 (K.). 

Practice Appeal-Conclusion drawn from facts—Whether reasonableness of conclusion is a question of law or fact-Respondent charged with theft—One box substituted for another when in custody of respondent-Circumstantial evidence leading irresistibly to a conclusion of guilt—Penal Code, s. 274 (c) G and s. 275 (K.). 

Criminal law-Appeal-Summary rejection of appeal-Grounds of appeal in vague general terms-Jurisdiction to reject-Criminal Procedure Code (Cap. 27), s. 350 (2) and s. 352 (2) (K.)—Criminal Procedure Code (Amendment and Validation) Ordinance, 1955, s. 10 (K.). 
 

Appeal―Jurisdiction—Application for leave to appeal out of time—Order of Supreme Court refusing leave—Appeal against order of Supreme Court refusing to extend time for appeal-Whether appeal competent-Criminal Procedure Code, s. 347, s. 349, s. 360 and s. 378 (K.). 
 

Criminal law-Practice-Reading of depositions by judge before trial-Whether proper. 
Criminal law—Murder—Inadmissible confession—Judge aware of inadmissible confession-Whether judge uninfluenced by inadmissible confession when weighing evidence—Indian Evidence Act, 1872, s. 28 as amended by the Evidence (Amendment) Ordinance, 1959 (K.). 

Limitation of action—Debt-Claim against deceased's estate—Revival of debt— 
Acknowledgment-Whether a twelve-year period of limitation in art. 132 of Indian Limitation Act, 1908 applies to personal relief or only to relief against property mortgaged-Whether an entry of a time-barred debt in an estate duty affidavit constitutes a promise to pay so ́as to revive debt-Whether an unaccepted offer by administratrix to transfer plot of land in settlement of debt constitutes a promise to pay—Indian Contract Act, 1872, s. 25 (3)— Indian Limitation Act, 1908, s. 19, art. 132

Criminal law-Sentence-Young person-Irregularity-Order for detention in reformatory school made by third class magistrate—Subordinate Courts Ordinance (Cap. 4), s. 6 (3) (U.)—Reformatory Schools Ordinance (Cap. 61), s. 5, s. 6 (1) and s. 8 (U.)—Subordinate Courts (Amendment) Ordinance, 1955 (U.)—Approved Schools Ordinance, 1951, s. 2 and s. 7 (U.). 

Attachment-Order for warrant of attachment before judgment to issue made 
by district court—Satisfaction of claim after entry by broker but before execution of warrant—Action in superior court for damages for abuse of process of court and trespass—No prior application to district court to set aside its warrant of attachment—Whether plaint discloses cause of action— Civil Procedure Rules, O. 36, r. 5 (U.)—Indian Code of Civil Procedure, s. 95 (1)—Civil Procedure Ordinance, s. 66, s. 83 and s. 101 (U.).

Criminal law-Sentence—Alternative counts founded on the same act—Conviction on both counts with concurrent sentences of imprisonment—Whether conviction on two counts founded on the same act is lawful-Penal Code, s. 21, s. 211 and s. 222 (T.)—Criminal Procedure Code, s. 171 (T.)

Street traffic-Permitting persons to sit on the roof of an omnibus—Permitting a public service vehicle to carry more than the licensed number of passengers-Driver and conductor in charge of the vehicle- Driver not aware of excess passengers— Meaning of words "permit" and "in charge"-Traffic Ordinance, s. 34 (e) (T.) -Traffic Rules, r. 35 (2) (i) (T.). 
 

Order Setting aside for re-hearing: Whether the judge can re-hear the application before the order is drawn up. When an order becomes effective-English Rules of the Supreme Court O. LIV, r. 6. Judgment-Order-Recall for re-hearing-Powers of court. 
 

Practice Execution—Stay granted pending appeal, subject to execution of bond by surety. Bond by surety to Chief Justice and puisne judges—Whether decree-holder can execute against surety without assignment by the obligees under the bond—Civil Procedure Ordinance (Cap. 5), s. 92 (K.)—Civil Procedure (Revised) Rules, 1948, Appendix ‘E' (K.).

Criminal law-Theft by servant—Accused a driver-salesman—Authority to sell employer's goods after signing for them—Goods sold without permission or signing delivery book—Proceeds kept by accused—Whether offence committed C -Penal Code, s. 245, s. 252, s. 258, s. 298 (1) (U.)—Criminal Procedure Code, s. 337 (U.)—Criminal Appeal Act, 1907, s. 4 (1)