East African Court of Appeal - 1933

25 judgments
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25 judgments
Citation
Judgment date
January 1933
Suits by the Crown—Counterclaim by defendant
1 January 1933
Guardianship of minor child—Disqualification under She.riah- Possession—I nterests of child
1 January 1933
Insurance (motor car)—Material facts.—Untrue -. statements—.- Knowledge of agent of insurance company
1 January 1933
supreme Court, jurisdiction of—Stay of execution—Inherent powers of the Court—Civil Procedure Rules--Order 89, Rule 4—East African Court of Appeal Rules, 1925, Rule 27- Civil Procedure Ordinance, section 99
1 January 1933
Indian Limitation Act, Article 179—J)ate from which limitation begins to run on decree
1 January 1933
Trade Marks Ordinance, 1930—Section 10—Registration of din- tinctive mark—Procedure—Section .13—Trade Marks Rules, 1931
1 January 1933
Bills of Exchange Ordinance, 1927, section 64—Indorsement.- Material alteration
1 January 1933
Partnership—Joint partners—Action agninst one only in respect of joint partner8hip debt—Section 43, Indian Contract Act,- Joint debts not joint and several
1 January 1933
Registration of Titles Ordinance—Indefeasibility of grants—Cer- tificate of ownership obtained from the Recorder of Titles by fraud—Subsequent c1 iarge—R ectifleation of the Register of Titles
1 January 1933
Malicious prosecution—Reasonable and probable cause—Failure of complainant in criminal prosecution to disclose material fact within his knowledge—Improper motive—Presumption of malice—Special damage—Costs of defence in Criminal Court
1 January 1933
Deeds of Arrangement Ordinance, 1930—Effect of non-registra- tion in Kenya of arrangement effected in Uganda—Definition of "debtor" under the Bankruptcy Ordinance, 1930—Act of Bankruptcy
1 January 1933
Section 15, Civil Procedure Ordinance—Jurisdiction---Place where cause of action arises or where defendant resides, carries on business or works for gain
1 January 1933
Kenya Bankruptcy Ordinance, 1930, section 91—Release of Trustee
1 January 1933
Malice aforethought.. section 189, Penal Code—Act arising from intention to commit felony—Definition of murder, section 186, Penal Code
1 January 1933
The Liquor Ordinance, Cap. 71 of the Revised Laws—Section 43,native obtaining intoxicating liquor—Punishment by im- prisonment—Definition of intoxicating liquor and of methy- lated spirit—Penal Code, section 26 (3)—Alternative sentence of fine
1 January 1933
Cruninal. Procedure Code—Admissibility of parole evidence of confession made by accused to Magistrate but not signed by accused
1 January 1933
Principles which ought to guide Court in determining proper sentencc: (1) Intrinsic 'value of the subject-matter. (2) An- tecedents of the accused. (3) Youth of the accused. (4.) Con- duct at the accused at the trial, particularly with regard to 'his plea. (5) Prevalence of the particular crime in the neighbourhood
1 January 1933
Appeals from Special District Courts to Court of Appeal—Section 18, Uganda Criminal Procedure Code (Kenya Criminal Pro- cedure Code, section 18)—Jurisdiction of Court of Appeal- Article 2, East Africa Court of Appeal Order in Council, 1921. Confirmation of sentences—Section 16, Uganda Criminal Proce- dure Code (Kenya Criminal Procedure Code, section 16)
1 January 1933
Penal Code, section 295—Onus of proof of receiving stolen property
1 January 1933
Penal Code, scction 361—Definition of Attempt—Section 362- Attempt to commit a felony or misdemeanour
1 January 1933
Penal Code, section 30—Compensation—Crirninal Procedure Code, section 318—Levy of distress
1 January 1933
Evidence Act, section 112—Admissibility of wife's evidence
1 January 1933
Uganda Criminal Procedure Code, section 134 (Kenya Code, section 132)—Joinder of charges—Duplicity of counts—Two separate offences in one count—Conviction quashed and new trial ordered
1 January 1933
Civil Procedure Rules. Order XXI, Rules 7 and 9—Bankruptcy Ordinance, Sections 11 and 105—Stay of legal process
1 January 1933
Garnishee proceedings—Kenya Civil Procedure Rules—Order XX—Alienation of property after attachment—Section 47, Civil Procedure Ordinance—Attachment before judgment—" Order XXXVI
1 January 1933