|
Citation
|
Judgment date
|
| January 1928 |
|
|
An unsuccessful appellant to the High Court cannot, by leave under s.3(2), bring a further appeal to the Court of Appeal.
Appeals — statutory construction — Appeals to the Court of Appeal Ordinance 1922 s.3(1),(2) — scope of right of appeal from conviction — "order" in s.3(2) not equivalent to High Court judgment dismissing an appeal — second appeals from unsuccessful High Court appeals disallowed.
|
1 January 1928 |
|
Court held reformatory detention cannot be imposed in lieu of payment of a fine; conversion of imprisonment is distinct.
Reformatory Schools Ordinance (Cap 39) – detention in reformatory – conversion of imprisonment to reformatory detention permitted – reformatory detention not permissible in lieu of payment of a fine – orders substituting detention for fines are invalid.
|
1 January 1928 |
|
|
1 January 1928 |
|
The Reformatory Schools Ordinance (Cap 89)—power. to award a sentence of detention in. a reformatory in lieu of the payment
|
1 January 1928 |
|
The Indian Evidence Act, 1872—section 25–,-confession made to a police officer not to be pzo'ved
|
1 January 1928 |
|
A third-class magistrate may impose the Stock and Produce Theft Ordinance’s mandatory ten-times-value fine despite general statutory fine limits.
Criminal law – Subordinate courts’ jurisdiction – Stock and Produce Theft Ordinance (s.3) mandates fine of not less than ten times value of stolen stock – Criminal Procedure Ordinance (s.17(3)) general monetary limits do not derogate from special statute – prior conflicting authority corrected.
|
1 January 1928 |
|
Civil Procedure Decree, 1917, Order 13, Rule 4 (2)—.Endorse- ment of exhibits
|
1 January 1928 |
|
Document not properly endorsed must be excluded; where it materially affected the judgment, matter remitted for retrial.
Civil Procedure Decree 1917 — Order XIII r.4(2) — endorsement of exhibits — documents not endorsed must not be read or used; Order XLI r.24 — appellate power to affirm notwithstanding excluded evidence — remittal for retrial where excluded exhibit materially affected trial judge's decision; binding precedent: Sadik Khan v. Hashim Khan
|
1 January 1928 |
|
Civil Procedure Rules 1927—Order 5, Rule 27. Service where defendant resides out of the Colony
|
1 January 1928 |
|
Service by registered post is effective even if the defendant refuses to accept the registered packet.
Civil procedure – Service abroad – Order V r.27 – Service by registered post – Defendant’s refusal to accept registered packet does not vitiate service.
|
1 January 1928 |
|
Indian Limitation Act, 1877, Article 179—period of limitation for execution of a decree or order of any Civil Court not provided for by Article 180
|
1 January 1928 |
|
The Native. Registration Ordina4ce (Cap. 127), se&tiOn. endorsement of certificate. by employer
|
1 January 1928 |
|
Hiring a native via an intermediary does not avoid endorsement obligations; the worker becomes servant of the hirer and conviction is upheld.
Native Registration Ordinance s.6 – endorsement requirement where a native is in the employment of a person; Employment of Natives Ordinance – contemplates personal contract; does not sanction hiring-out by an intermediary; Worker becomes servant of the person under whose orders he works; 24‑hour engagement rule and endorsement obligation.
|
1 January 1928 |
|
Civil Procedure Rules, 1927—Order 23, security lor costs of a defendant
|
1 January 1928 |
|
An Order XXIII security-for-costs application must be by motion on notice and heard in open Court, not in Chambers.
Civil procedure — Order XXIII (security for costs) — Application must be by motion on notice and heard in open Court — "the Court" excludes Judge in Chambers — distinction between motions and chamber summonses.
|
1 January 1928 |
|
Sheria—declaration of paternity
|
1 January 1928 |
|
A properly recorded disavowal by an alleged father, without evidence of later acknowledgment, bars a paternity claim.
Family law (Sheria) – disavowal of paternity – concubine/slave offspring – validity and promptness of recorded oath of denial
Evidence – silence or delay after being confronted with the child may create presumption of acknowledgment; absence of such evidence defeats rebuttal
Procedure – mother’s absence and lack of explicit denial of Steburai do not automatically vitiate a properly administered disavowal before a Kathi
|
1 January 1928 |
|
A parental betrothal without the bride’s consent is unenforceable; gifts/expenses in contemplation of marriage may be recoverable (no injunction).
Mohammedan law / marriage – betrothal arranged by parent without bride's consent – unenforceable in Uganda; parents have no authority to contract children's marriages. Gifts/payments in contemplation of marriage – recoverability of presents and expenditures (remedy), but injunctive enforcement and moral/intellectual damages not available. Marriage-brokerage / nudum pactum principles applied
|
1 January 1928 |
|
Mohammedan Law—contract of marriage
|
1 January 1928 |
|
Arbitration Ordinance (Cap. 18)
|
1 January 1928 |
|
An umpire appointment required by the submission before arbitrators act is a condition precedent; enlargement of time refused.
Arbitration — Submission clause requiring umpire appointment before arbitrators act — appointment as condition precedent — section 6(c) inapplicable where parties provide otherwise — court declines to enlarge time under section 10.
|
1 January 1928 |
|
Civil Procedure Rules, 1927, Order 10, Rule 14—production of documents
|
1 January 1928 |
|
A liquidated plaint and the respondent's failure to appear relieve the court of duty to probe beyond the pleadings.
Civil procedure – Order 10 Rule 14 – production of documents – Registrar’s power to call for documents; Civil procedure – liquidated claim – whether court must investigate beyond plaint; Civil procedure – defaulting defendant – failure to enter appearance amounts to abandonment of undisclosed defence.
|
1 January 1928 |
|
Funds sanctioned to Wakf Commissioners vest as trust property; only a suit can displace their retention, and Commissioners must pay valid heirs.
Wakf Commissioners – Section 13 sanction – effect of court-sanctioned vesting of deceased natives’ property – trusteeship and duty to pay lawful heirs – limitation/prescription and local 1898 declaration – remedy by suit.
|
1 January 1928 |