East African Court of Appeal - 1960 August

Criminal law—Evidence-Corroboration—Whether evidence of accessories after the fact requires corroboration.

Practice-Appeal—Argument inconsistent with case at trial raised on appeal— Discretion of appellate court to permit appellant to take a new point—When discretion will be exercised. 
Agent Contract—Sale of goods—Goods purchased through agent from undisclosed principal—Price paid to agent and misappropriated by him— Whether purchasers discharged from liability to vendors-Indian Contract Act, 1872, s. 226 and s. 230.

Trade-Covenant in restraint of trade-Grocer—Covenant not to engage in grocery business for five years—Area of restraint coextensive with area of jurisdiction of court-Reasonableness—Severability of area between two islands—Contract Decree (Cap. 80), s. 27 (Z)—Indian Contract Act, 1872. 

Costs-Taxation—Party and party costs-Expenses of bringing witnesses from outside jurisdiction. What costs are allowable-Civil Procedure Rules, O. 17, r. 9; O. 65, r. 27 (9) and Appendix I (Z.)—Rules of Court, 1922 to 1934, r. 73, r. 83, r. 88 (Z.)—Rules of the Supreme Court, O. LXV, r. 27. 
 

Statute-Construction—Penal Code-Whether ejusdem generis rule applies— Legislation in pari materia-Intention of legislature-Constructions of words “or other place”—Penal Code, s. 91 B (K.)—Conspiracy and Protection of E Property Act 1875, s. 7. 
 

Costs-Security-Petition for restitution of conjugal rights by wife—Application for security for wife's costs—Whether court empowered to order security for costs—Divorce Ordinance (Cap. 112), s. 4 (2) and s. 31 (U.). 
 

Practice Discovery—Application for affidavit of specific documents—No description of documents-Whether applicant entitled to order for discovery—Civil Procedure Rules, O. 10, r. 19 (3) (U.). 
 

Criminal law—Sedition-Consent of Attorney-General to prosecution—Whether Consent must specify all facts constituting offence-Penal Code, s. 57, s. 58 (1) (b) and s. 59 (K.). 
Criminal law-Sedition, two counts preferred in respect of one speech—Whether improper to prefer two counts. 
 

Criminal law--Charge—Form of charge—One statement of offence-Four counts thereunder giving particulars of each count-Whether charge properly drawn-Criminal Procedure Code (Cap. 20), s. 136 (2) (T.).  Evidence-Judicial notice—District in which coffee is grown—Whether the court may take notice that coffee is grown in certain districts only. Criminal law-Evidence-Burden of proof-Failure to observe direction by statutory board—Direction that producers must sell locally produced coffee to union-Coffee sold to dealer-Burden of proof that coffee locally produced-Indian Evidence Act, 1872, s. 105. 
 

Criminal law-Corruption by a public officer-Police officer not acting in lawful conduct of employment—Whether charge of corruption as a public officer is applicable-Penal Code, s. 78 (1) (U.). Criminal law-Evidence—Accomplice-Offence complete before witness involved 
-Whether a witness can be an accomplice. 
Criminal law-Evidence—Accomplice-Corruption–Bargaining between a person threatened and a police officer as to the amount of a corrupt gift to the officer- Whether the person threatened is an accomplice. 
Criminal law-Demanding money with menaces-Whether person threatened must be alarmed by threat—Penal Code, s. 279 (U.)—Larceny Act, 1861, s. 45. 
 

Stamp duty-Adjudication-Transfer of property-Inadequate sum paid as consideration—Whether transfer of property can be classified as a voluntary disposition—Stamps (Amendment) Ordinance, 1956, s. 31C (1), (2), and (4)