East African Court of Appeal - 1960 July

Criminal law-Practice-Trial—Irregularity—No written judgment delivered containing points for determination, decision thereon, reasons or section of statute on which conviction founded-Conviction and sentence recorded by judge in trial record—Record also containing document headed “Grounds of judgment”—Whether irregularities fatal to conviction—Criminal Procedure Code, s. 2, s. 148, s. 149, s. 181, s. 304 (S.)—Criminal Procedure Decree, s. 101 (1) (Z.)—Eastern African Court of Appeal Rules, 1925-Eastern African Court of Appeal Rules, 1954, r. 31, r. 39. 
 

Criminal law-Sentence- Young person- Irregularity- Sentence passed by native court-Sentence revised by magistrate—Revised sentence in excess of jurisdiction of native court-Native Courts Ordinance (Cap. 76), s. 24 (1) (U.)-Reformatory Schools Ordinance (Cap. 61), s. 5 (U.).

Bankruptcy-Creditor's petition—Deed of arrangement executed by debtors and notice thereof given-Whether this is an assignment of property and notice of suspension of payment—Deeds of Arrangement Ordinance (Cap. 31), s. 3 and s. 26 (K.)—Bankruptcy Ordinance (Cap. 30), s. 3 and s. 6 (K.). 
 

Company-Winding-up-Public examination of officers-Fraudulent trading affecting creditors—Whether fraud upon creditors is a fraud “in relation to the company”—Companies Ordinance (Cap. 212), s. 182, s. 214, s. 215, C s. 271, s. 273, s. 356 (U.)—Companies (Winding-up) Rules, 1929, r. 8 (2), r. 59, r. 207, and r. 223 (1)—Companies (Winding-up) Act, 1890, s. 8. 
 

Bankruptcy Debts provable-Costs and interest-Whether decree holder can prove for costs incurred in obtaining decree after date of receiving order and for interest on decretal amount--Bankruptcy Ordinance (Cap. 25), s. 35, s.38 (8), s. 70 and Second Schedule thereto (T.)—Bankruptcy Act, 1883, s. 37-Bankruptcy Act, 1914, s. 30 (3), s. 68. 

Costs-Taxation-Reference-Practice-Error in principle in assessing instruction fee-Fee reduced by judge on reference-Whether judge should assess fee or remit to taxing officer for fresh taxation—Eastern African Court of Appeal Rules, r. 6 (2), r. 19 (6) and Third Schedule r. 24—Eastern African Court of Appeal Order-in-Council, 1950, art. 14 (b). 
 

Practice-Striking out pleading—"Set-off and defence" filed lacking particulars— No particulars sought—Particulars subsequently supplied without application -Application at trial to strike out “set-off and defence”—Whether such application proper—Civil Procedure (Revised) Rules, 1948, O. VI, r. 3, r. 17, r. 18, r. 27, r. 29, r. 30, O. VIII, r. 2, O. L, r. 1 (K.)—Rules of the Supreme Court, O. XIX, r. 7 and r. 27, O. XXV, r. 2 and r. 4. 
Pleading-Set-off-Equitable set-off-Unliquidated damages-Failure to perform contract alleged—Whether equitable set-off can be entertained in the same action as plaintiff's claim. 
 

Insurance · Motor insurance Validity of indemnity Warranty excluding liability if driver not sober-Driver of insured using car without authority when drunk-Vehicle damaged beyond repair-Whether insurers liable— Penal Code, s. 284 (T.). 
Pleading-Amendment-Appeal-Omission to plead warranty in defence- Application made to amend defence at hearing of appeal-Omission due to inadvertence-Circumstances in which amendment allowed. 

Mohamedan law-Wakf Failure of primary objects-Primary objects not valid for wakf-Charitable intention expressed in favour of secondary objects— Benefit to secondary objects conditional on surplus income being available after providing for primary objects—Whether cy-pres doctrine applies— Whether wakf void. 
Mohamedan law-Wakf-Object of wakf-Reading of the Koran upon the grave of 
deceased-Whether the object of the wakf is valid.

Criminal law—Charge—Receiving or retaining stolen property—Whether necessary to state the owner of the stolen property in the charge-Penal Code, s. 317 (1) (K.)—Criminal Procedure Code, s. 137 (c) (i) (K.). 
Criminal law—Accomplice—Accused charged with receiving or retaining stolen property-Taxi-driver engaged to transport stolen property-Taxi-driver not aware that property stolen-Whether taxi-driver an accomplice-Penal Code, s. 317 (1) (K.)

Landlord and tenant-Lease-Construction-Private building estate-Roads constructed by lessor Clause requiring lessees to meet the cost of making and maintaining roads—Cost restricted to sum assessable on and payable by lessor-Whether lessee liable for cost of roads incurred voluntarily by lessor— Meaning of cost of roads “assessable on and payable by lessor.