East African Court of Appeal - 1960 May

Limitation of action—Probate and administration—Claim for share of estate- Action filed twelve years after death of deceased-Whether action time barred-Limitation Ordinance (Cap. 11), s. 3 (K.)—Trustees Ordinance (Cap. 36), s. 28 (K.)—Indian Probate and Administration Act, 1881, s. 117— Real Property Limitation Act, 1874, s. 8. 
 

Bankruptcy-Property available for distribution-Building erected by debtor on land owned by wife—Administration in bankruptcy of estate of debtor ordered less than one year after death-Whether debtor's voluntary settlement is within the expression "estate of deceased debtor" in s. 47 (9) of Bankruptcy Ordinance (Cap. 25) (T.)—Bankruptcy (Amendment) Ordinance, 1958 (T.)— Bankruptcy Act, 1883, s. 125—Bankruptcy Ordinance (Cap. 25), s. 47 (9) (T.).

Guarantee Hire purchase Default by hirer followed by guarantee for performance of agreement—Whether consideration given for guarantee – Whether guarantee applies to arrears of instalments—Indian Contract Act, 1872, s. 127. 
 

Street traffic-Motor vehicle—Brakes not maintained in good and efficient working order-Proof required to justify conviction-Traffic Ordinance (Cap. 168), s. 43 (a) and s. 70 (T.). 

Criminal law-Bail pending appeal—Applicant sentenced to eighteen months' imprisonment-Lengthy record of appeal involving considerable delay before appeal heard—Whether ground for granting bail pending appeal—Criminal Procedure Code, s. 333 (2) (U.).

Criminal law-Forfeiture-Conviction of hunting animals in controlled area without permission—Order for forfeiture of weapons used—Whether order for forfeiture lawful-Interpretation of words "in respect of which the offence has been committed” in Fauna Conservation Ordinance (Cap. 302), s. 53 (2) (T). Game—Unlawful hunting—Forfeiture of weapons—When forfeiture competent— Fauna Conservation Ordinance (Cap. 302), s. 53 (2) (T.)

Habeas corpus--Applicant convicted and sentenced to nine months' imprisonment by district court-On appeal conviction quashed and sentence set aside- Applicant released and at large for 135 days-Conviction and sentence restored on further appeal—Applicant re-arrested and sent to prison— Original term of sentence expired when application heard—Whether period while applicant at large counts towards service of sentence-Criminal C Procedure Code, s. 298 (U.). 
 

Appeal Jurisdiction—Private prosecutor-Accused acquitted by magistrate— Appeal by private prosecutor by way of case stated-Whether appeal competent—Criminal Procedure Code (Cap. 27), s. 360 (1) and s. 367 (K.)— Criminal Procedure Code (Cap. 20), s. 87 and s. 333 (T.). 
 

Sale of land-Covenants running with land-Covenants imposed for the benefit of 
German Government—British occupation of territory-Transfers of land after change of sovereignty without express reference to "German" covenants -Whether covenants still subsisting and enforceable by government- Whether covenants deemed to be embodied in Governor's sanction to transfers -Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (T.)— Land Registration Ordinance (Cap. 334), s. 24, s. 115 (T.)—Land Registry Ordinance (Cap. 116), s. 5, s. 7 (T.)—Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2 (1) (2) and (3), s. 3 (T.)—Peace and Order Ordinance, 1920 (T.)—Ordinance of September 1, 1891, as amended by Ordinance of September 15, 1891 (T.)—Ordinance of November 26, 1895, s. 10 (T.)—Proclamation No. 5 of 1917 (T.)— Proclamation No. 3 of 1920, s. 3 (T.)-Interpretation Act, 1889, s. 38-Agricultural Holdings Act, 1908. Land registration—Covenant running with land—Covenant imposed for the benefit of German Government-British occupation of territory-Application for first registration of land—Whether government entitled to have German covenants registered in Land Register-Interpretation and General Clauses Ordinance (Cap. 1), s. 10 (2) (T.)—Land Registration Ordinance (Cap. 334), s. 24, s. 115 (T.)—Land Registry Ordinance, (Cap 116) s. 5, s. 7 (T.)—Land (Law of Property and Conveyancing) Ordinance (Cap. 114), s. 2 (1), (2) and (3), s. 3 (T.)—Peace and Order Ordinance, 1920 (T.)—Ordinance of September 1, 1891 as amended by Ordinance of September 15, 1891 (T)-Ordinance of November 26, 1895, s. 10 (T.)—Proclamation No. 5 of 1917 (T.)—Proc- lamation No. 3 of 1920, s. 3 (T.)—Interpretation Act, 1889, s. 38— Agricultural Holdings Act, 1908. 
 

Bill of Exchange—Requirements of form-Document in the form of a promissory note omitting "promise” or undertaking to pay-Whether a promissory note— Indorsement-Plaintiff suing as holders in due course-Allegation that plaintiffs took note in bad faith—Whether plaintiffs were holders in due course— Bill of Exchange Ordinance (Cap. 217), s. 55 and 83 (1) (U.

Land registration—Application for vesting order—Agreement to transfer land to trustees-Transfer executed by grantor and trustees but not registered— Application by trustees after death of grantor for vesting order-Registration of Titles Ordinance (Cap. 123) s. 175 (U.). 
 

Practice-Adjournment-Application for adjournment of trial -No explanation given for absence of plaintiff—Whether application for adjournment should be granted Civil Procedure Rules, O. 15, r. 1 (U.)

Jurisdiction—Revision—Civil action in district court-Judgment entered by magistrate for defendant by consent before trial-Consent given under mistake of fact-Order by same magistrate setting aside consent decree owing to mistake—Whether High Court has power to revise interlocutory order of magistrate—Subordinate Courts Ordinance (Cap. 3), s. 10 (T.)— Indian Code of Civil Procedure, 1908, s. 115, s. 151. 

Trust and trustee-Trust for charity-General charitable intention including benefit to community—Exemption from income tax—Application for variation of trust deed-Scheme to avoid liability to income tax-No impossibility of attainment of any object of trust-Cy près doctrine-East African Income Tax (Management) Act, 1958, First Schedule, para. 29. 
 

Costs Further security-Application for additional security less than a month before the date fixed for the hearing appeal—Burden of proof that further security should be ordered—Effect of delay in making application—Eastern African Court of Appeal Rules, 1954 r. 6 (2), r. 19 (3) and r. 60—English Rules of the Supreme Court, 1883, O. LVIII, r. 9 (5). 
 

Execution Attachment Objector alleging property previously sold to him— Application for release—No evidence that objector had taken possession of property- Civil Procedure Rules O. 19, r. 55 (U.).