East African Court of Justice - 1952

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1 judgment
Citation
Judgment date
January 1952
Silence by a landlord does not prove authorisation; section 18 reaches agents and others who require or take key money.
Statute construction – Increase of Rent (Restrictions) Ordinance 1949 s.18 – "no person"/"any person" includes agents and third parties; liability for requiring, taking or giving pecuniary consideration
Evidence – Silence of accused not proof of authorisation; mere silence does not establish agency or assent. Criminal liability – payer in response to illegal demand may be criminally liable; payment evidence is accomplice evidence and must be treated accordingly
Precedent – Remmington v. Larchin and Barker v. Levison distinguished on facts and statutory wording
1 January 1952