East African Court of Appeal

2,754 judgments
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Results. 2,754 judgments found.

2,754 judgments
June 1977
6 June 1977
November 1969
21 November 1969
August 1969
6 August 1969
April 1969
12 April 1969
March 1969
21 March 1969
January 1969
14 January 1969
December 1968
13 December 1968
November 1968
29 November 1968
22 November 1968
  • This is an appeal against an interlocutory order of the High Court refusing an application by the defendant/appellant for further particulars of the plaint. This appeal is brought with leave
22 November 1968
13 November 1968
October 1968
30 October 1968
16 October 1968
August 1968
20 August 1968
July 1968
26 July 1968
17 July 1968
11 July 1968
10 July 1968
June 1968
18 June 1968
February 1968
1 February 1968
January 1968
1 January 1968
Litigation costs to recover let premises are revenue expenditure deductible as incurred to produce income.
  • Tax law — deductibility of expenditure — Litigation costs to recover let premises — Income Tax (Management) Act s 14(1), s 15
1 January 1968
1 January 1968
1 January 1968
High Court wrongly substituted its view for Rent Tribunal; later valuation cannot substitute for market cost at completion date.
  • Appellate practice — Appellate interference — scope of Appeals Tribunal under Rent Restriction Act to correct speculative/unsubstantiated factual assessments
  • Evidence — sufficiency of reasons — Tribunal not obliged to give reasons
  • Land law — Rent restriction act — procedural requirements for re-assessment and reliance on valuation surveys
1 January 1968
July 1967
3 July 1967
December 1965
  • Criminal law — Criminal law-murder-beating of a suspected thief — Beating by sticks by persons escorting the thief until he died-Common intention. Criminal Law-Offence committed in obedience to an unlawful order — Whether malice aforethought
  • Evidence — Criminal law-practice-confession-retracted confession-trial within trial — Right of accused to make unsworn statement
30 December 1965
  • Civil procedure — Criminal law-practice-joinder of charges — Joinder of charge of arson with charge of murder — Offences charged founded on same facts — Undesirability of joining another charge with charge of murder or manslaughter
30 December 1965
  • Civil procedure — Validity of such sale — Indian Transfer of Property Act, 1882 s. 69 (1) and s. 69B (2)
  • Land law — Mortgage statutory power of sale-exercise of power without intervention of court-property sold by public auction-property purchased by agent of mortgagee
20 December 1965
  • Legal profession — Practice-review-plaintiff and his witnesses absent at hearing-plaintiff's advocate present — Amount of claim admitted by defendant but set off and counterclaim pleaded — Evidence in support of defence and counterclaim heard -Defendant cross-examined by plaintiff's advocate — At close of defendant's case application for adjournment refused — Judgment entered on basis of set off and counterclaim-Application for review refused-Appeal
10 December 1965
  • Land law — Landlord and tenant_monthly tenancy-condition to hand over premises in e good order and condition on termination of tenancy — Breach of condition by tenant-Whether reasonable wear and tear excluded-Damages — Measure of damages
10 December 1965
  • Criminal law — Appeal — Abandonment of appeal — Application to withdraw notice of abandonment-No provision for application-Appeal deemed to be dismissed when notice given — Jurisdiction of appellate court to hear such appli- Criminal Procedure Code
9 December 1965
  • Criminal Law-Evidence-Accomplice-Corroboration-Failure of judge to direct assessors or himself on need for corroboration
9 December 1965
  • Criminal law — Criminal law-murder or manslaughter — Provocation — Accused and woman lived together for two years as man and wife — No marriage recognised by customary law-Woman leaving accused on orders from relatives — Intention to resume cohabitation if balance of dowry paid by accused — Discovery of woman and deceased in flagrante delicto — Whether sufficient provocation to reduce murder to manslaughter
9 December 1965
November 1965
  • Land law — Landlord and tenant — Business premises for specified trade — Shops in trading centre leased by common landlord-Leave ot one tenant restricting user to grocery business — Landlord also precluded from letting other premises for such business — Landlord aware of other tenants carrying on business of grocery. Whether the landlord is in breach of obligation
29 November 1965
  • Criminal law — Criminal law-charge-joint offenders — Joinder of courts alleging corrupt transactions and tax theft by different accused
25 November 1965
  • Insurance law — Insurance policy against housebreaking — What burden of proof is on the insured? Burden of proof — Insurance against housebreaking
24 November 1965
  • Evidence — Evidence-admissibility — Oral evidence to explain the application of the Unambiguous Document Evidence Act, 1963, s. 99 and s. 102 (K)
  • Tort — Damages-trespass — Special damages for wrongful quarrying — Special damages for failure to erect a fence. Practice Appeal-Point not taken at trial-Whether evidence on record a complete investigation of the issue
18 November 1965
  • Customary law
    • — Assessors-functions where customary law is involved — Civil Procedure Act, s. 87 (K.)
    • — Native law and custom — Gift of land inter vivos in the Kikuyu area — Customary law not established
    • — Practice-customary law — Onus of establishing it on the party relying on it. Evidence―Judicial notice of customary law-Onus of establishing customary law on the party relying on it-Civil Procedure Act, s. 87-Evidence Act, 1963, s. 13, s. 51, s. 59 and s. 60 (K.)
18 November 1965
  • Civil procedure
    • — Costs — Whether the respondent is always entitled to the costs of the application not made at the proper time
    • — Practice-court of appeal-slip rule — Error arising from accidental slip or omission-Appeal heard and judgment delivered―Judgment embodied in formal order-Omission of counsel to make particular application-Application-for amendment of order-Jurisdiction of Court of Appeal to amend its judgmen
11 November 1965
  • Land law — Rent restriction-possession-whether statutory tenant retains actual possession when allows part of the premises to be occupied by licensees — Whether court C has jurisdiction to make a possession order as to part of the premises
8 November 1965
  • Legal profession — Advocate-advocate's authority to compromise — Action for recovery of possession and mesne profits — Amount of mesne profits fixed by consent
8 November 1965
  • Legal profession — Advocate-action for damages against advocate for damages for wrongful detention of documents and return of documents-whether cause of action in contract or tort — Limitation of actions
5 November 1965
  • Civil procedure — Practice-pleadings — Striking out — Counterclaim
5 November 1965
  • Land law — Mortgage-statutory power of sale — Statutory notice required to be served on mortgagor demanding payment before sale — Statutory notice sent by regis- tered post but returned unclaimed — Whether notice properly served
4 November 1965
October 1965
  • Criminal law — Criminal law-murder-plea of self-defence — Provocation — Misdirection — Whether conviction of murder should be reduced to manslaughter
30 October 1965
  • Contract law — Contract-undue influence-undue influence by father on son — Father not party to contract-Loan obtained by father on security of son's property
28 October 1965
  • Tort
    • — Fatal accident-damages — African child — Father earning Shs. 300/- per month. Negligence-Res ipsa loquitur-grass-cutting machine-person killed by flying piece of metal-Whether principle applies
    • — Negligence-dangerous machinery-rotary grass-cutting machine-piece of metal thrown up causing fatal injury — Whether danger foreseeable
27 October 1965
  • Criminal law
    • — Criminal law-joint offenders — Whether the acquittal of one of three accused will vitiate the convictions of the other
    • — Criminal law-murder- common intention- collateral act causing death done by one of several participants in unlawful concerted action-two appellants outside a shop, but knew that the killer had used violence capable of causing death — Whether appellants guilty of murder
19 October 1965
  • Bankruptcy Bankruptcy notice-Validity in form-Whether costs of execution should be included. Bankruptcy Bankruptcy notice-Security-Whether attachment of money still in court is security. Bankruptcy Bankruptcy notice-Whether costs of abortive èxecution are part of the amount due on a judgment
4 October 1965