East African Court of Appeal - 1962 March

Criminal law—Evidence—Impeaching credit of witness—Statement by witness to police-Statement not strictly proved at trial—Statement put in evidence despite objection by witness-Necessity for strict proof of statement- Evidence Ordinance (Cap. 9), s. 143 and s. 153 (3) (U.). 
 

Res judicata―Judgment of African court-Fatal accident—Claim by deceased's father in Supreme Court-Claim for self and dependants of deceased-Suit also filed in African court—Claim there founded on customary law—Cause of action similar in both suits—Remedies different―Judgment awarding C compensation given by African court-Whether this judgment bars suit in Supreme Court-Fatal Accidents Ordinance (Cap. 9), s. 4, s. 6 (K.). 
 

Execution-Attachment-Seizure of judgment debtor's goods by bank under letters of hypothecation—Seizure by bank with knowledge of issue of warrant of attachment-Effective time and date of execution of warrant of attachment -Whether seizure of goods gave bank title to the goods-Sale of Goods Ordinance (Cap. 290), s. 27 (1) (K.)—Civil Procedure Ordinance (Cap. 5), s. 30 (K.)—Civil Procedure (Revised) Rules, 1948, O. XXI, r. 38 (K.). 
 

Trust and Trustee-Voluntary disposition inter vivos-Disposition by declaring new trust Transfer of shares by beneficiary to the trustee-Subsequent oral direction to trustee naming new beneficiary—Transfer forms signed in blank by original beneficiary-Subsequent confirmation of the trust-Whether the direction is a “grant or assignment of any trust”—Statute of Frauds, 1677, s. 9-Law of Property Act, 1925, s. 53 (1) (c)—Judicature and Application of Laws Ordinance, 1961, s. 2 (2) (T.)

Chose in action—Part of a debt-Equitable assignment of part of debt-Proceeds of sale of crop to become payable to grower—Action by assignee in own name -Whether joinder of assignor necessary-Judicature Act, 1873, s. 25– Law of Property Act, 1925, s. 136—Indian Transfer of Property Act, 1882, S 3 and s. 130
Practice-Parties—Equitable assignment of part of debt—Assignment of proceeds of sale of crop to become payable to grower—Action by assignee in own name-Whether joinder of assignor necessary—Judicature Act, 1873, s. 25 -Law of Property Act, 1925, s. 136—Indian Transfer of Property Act, 1882, s. 130.