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Citation
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Judgment date
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| January 1936 |
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Stock Traders' Licences—Effect of trading without a licence—Account stated—Laws of Kenya, Cap. 59
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1 January 1936 |
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Solicitor—Costs—Common Law Lien—Bankruptcy—Charging Order on dividend—Bankruptcy Jurisdiction
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1 January 1936 |
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Minihg Ordinance, 1933—Mining Regulations, 1934—Registration of document dealing with a mining location
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1 January 1936 |
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Bankruptcy Notice—Equitable plea by debtor—Attachment by creditor on judgment obtained by debtor against foreign Government—Debtor still competent to. take proceedings— Power of Court to make receiving order in lieu of committal order—Bankruptcy Ordinance, 1930, sections 3 (1) (g), 99; Civil Procedure Ordinance, 1924, sections 38, 40; Civil Pro- cedure Rules, 0. 39, r. 37. The facts appear from the judgment
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1 January 1936 |
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Trade Name—Passing-off Action—Ironmongery Business—Defendant setting up in business in a name by which he was known—No fraud or risk of confusion—Pleading—Fraud
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1 January 1936 |
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Mistake—Money paid by mistake of fact—Banker and customer—Lodgment to wrong account—No mistake by banker
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1 January 1936 |
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Limitation—Adverse possession—Landlord and tenant—Tenant remaining in possession after expiration of term without paying rent—Possessory title—Registration—Indian Limita- ton Act, Sch. II, Art. 139—Crown Lands Ordinance (Cap. 140) ss. 101, 102, 103, 107
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1 January 1936 |
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Bankruptcy—Creditor's, petition—Act of bankruptcy—No stay of exe- cution by reason of order attaching, debtor's salary on which nothing has been paid—Receiving order on failure to comply with bankruptcy notice—Bankruptcy Ordinance, 1930, section 3 (1) (g)
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1 January 1936 |
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A deferred-sale created a tenancy at will permitting rescission without prior formal demand; an advocate’s lien is enforceable only by the advocate and not by the client.
Property law – sale with deferred purchase-money – purchaser in possession on payment of "interest" – estate at will – no formal demand required before forfeiture; caveat removal under Registration of Titles Ordinance. Civil procedure/equity – advocate’s equitable lien – enforceable only by advocate and cannot exceed client’s rights; client cannot defeat opponent’s right of set-off by asserting advocate’s lien
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1 January 1936 |
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Maker of Promissory Note making himself responsible for debt in bankruptcy owed by a different party, an undischarged bankrupt—Fresh consideration renders agreement good and maker liable- Agreement not void as being contrary to spirit of bankruptcy law or as inconsistent with good faith to other creditors
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1 January 1936 |
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Landlord’s right to distrain for rent through an agent—Applica- tion of Law of Distress Amendment Act, 1888, and the Lord. Chancellor’s Rules made thereunder to Tanganyika—Certi- fied Bailiff—Limitation—Indian Limitation Act, Schedule, Article 28
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1 January 1936 |
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Money-lender—Limitation—Written acknowledgment—Written prom- ise to pay—Ordinance 45 of 132, sec. 17
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1 January 1936 |
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Procedure in Muslim Subordinate Courts—Parties being Arabs- Mohammedan law to be followed as to procedure and evidence
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1 January 1936 |
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Petition of Right—Procedure—Demurrer—Cap. 17, Laws of Kenya- Civil Procedure Ordinance, 1924—Rules of Court
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1 January 1936 |
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Bankruptcy—Costs—Party and Party—Taxation—Advocate employed by Official Receiver—Limit on costs fixed by order of Court- Agreement between Official Receiver and Advocate—Amount recoverable against unsuccessful defendant—Bankruptcy Ordin- ance, 1930, sections 22 (10), 57, 101 (1)—Bankruptcy Rules, rr. 77 (2), 79, 83—Rules of Court, 1916, Part XIII, section 111, rr. 33-36
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1 January 1936 |
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Appeal—Certificate of leave to appeal—Time within Avhich memorandum of appeal is to be presented when certificate of leave to appeal is required
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1 January 1936 |
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Practice—Taxation--Costs of interlocutory application—Application for taxation before final decree
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1 January 1936 |
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Criminal Procedure—Revision--Case stated—Criminal Procedure Code, Secs. 349, 353, 354
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1 January 1936 |
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Rape—Child of tender years—Corroboration by witness of 14years
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1 January 1936 |
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Criminal Law—Murder—Identification of corpus delicti—Retrial
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1 January 1936 |
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Criminal Law—Charge--Duplicity—Charge of "Driving a motor recklessly, or at a speed, or in a manner which was dangerous to the public"—Accused "convicted of the offence charged"—Traffic - Ordinance, 1928, section 15
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1 January 1936 |
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Information of Murder—Conviction of Act intended to cause grievous harm
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1 January 1936 |
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Manslaughter—Negligence—Sentence
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1 January 1936 |
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Criminal Procedure—Statement of accused to committing Magistrate —Preliminary inquiry re-opened—No statement made by accused at second preliminary inquiry—Admissibility of statement made at original inquiry—Cr. Pro. Code, secs. 219, 233, 289
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1 January 1936 |
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Criminal Procedure—Committal proceedings—Function of Magistrate —Right to weigh evidence
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1 January 1936 |
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Conviction for negligent manslaughter upheld under Bateman test; court warns against offering key witnesses only for cross-examination when accused unrepresented.
Criminal law – Manslaughter by negligence – Application of Rex v. Bateman test (duty, breach, causation, gross negligence). Criminal procedure – Witnesses – Undesirability of merely offering important witnesses for cross-examination instead of calling them, especially where accused is unrepresented or a native
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1 January 1936 |
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Evidence—Rape—Corroboration of complainant—Unsworn testi­mony of children—Retracted confessions
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1 January 1936 |
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Manslaughter—Intent—Accessory after the fact—Unlawful act—Penal Code (Uganda) sec. 84
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1 January 1936 |
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Criminal Law—Evidence—Misreception—Statement by deceased as to cause of death elicited in cross-examination—Not dying declaration—Law of Nyasaland:
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1 January 1936 |
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Leave to appeal—Grant of certificate of leave to appeal—Practice
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1 January 1936 |
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Criminal Procedure—Duty of prosecution with regard to witnesses—Not bound to call every witness who has made a deposition but only to have them in attendance
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1 January 1936 |
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Criminal Procedure—Separate informations against two persons —Joint trial—Trial a nullity—Crim. Pro. Code (Nyasaland), Sec. 128a
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1 January 1936 |
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Criminal Law—Defence not considered—Retrial—Criminal Pro- cedure—Witnesses not cross-examined nor depositions put in—Deposition referred to by trial judge—Witness called and cross-examined by prosecution after close of case for defence. The facts appear from the judgment
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1 January 1936 |
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Rape—Adult complainant—Corroboration of complainant’s statement—Direction to jury or assessors
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1 January 1936 |
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Criminal Procedure—Insanity—Accused previously found to be incapable of making his defence—Recovery of sanity—Certificate of medical officer—Duty of Court—Criminal Procedure Code (Kenya), sections 157, 160, 161
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1 January 1936 |
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Criminal Law—Evidence—Confession—Confession to private persons held in the circumstances to require corroboration
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1 January 1936 |
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Criminal Law—Manslaughter—Negligence—Plea
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1 January 1936 |
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Evidence—Confession—Repudiated Confession
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1 January 1936 |
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Improper identification parade and improperly admitted deposition; conviction upheld as the error was harmless.
Criminal procedure – Identification parades – Fair procedures required; accused should be among sufficient similarly appearing persons and parade conducted without leading questions
Evidence – Deposition of absent witness – Deposition may be read only after proof of diligent and adequate search for the witness under s.287(a)(ii) Cr. P.C. Harmless error doctrine – Misadmission of evidence may be immaterial if conviction stands on other proper evidence
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1 January 1936 |
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Evidence—Rape—Corroboration of complainant—Unsworn testimony of children. The facts appear from the judgment
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1 January 1936 |
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Murder—Manslaughter—Cause of death—Common intention—Intent
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1 January 1936 |
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Criminal Procedure—Leave to appeal out of time—When granted—Use of depositions in assessing sentence
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1 January 1936 |
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Criminal Law—Murden—Manslaughter—Provocation. The facts'appear sufficiently in the judgment
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1 January 1936 |
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Framing of Charges against accused persons—Contents of Charge- Second Schedule, Cr. Pro. Code—Particulars to be stated—Plea of Not Guilty—Words of plea not to be construed in derogation of plea—Evidence of accomplice needs corroboration—Cannot be corroborated by another accomphce
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1 January 1936 |
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Evidence—Accomplice—Corroboration—Criminal Procedure— Witness for accused not called for defence but called by Court—Rebutting evidence called by Court—Cr. Pro. Code (Tanganyika) Sec. 145
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1 January 1936 |
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Vagrancy Ordinance—Charge of leaving reserve without licence- Order returning native to reserve—No charge of vagrancy—Omis- sion of formal judgment—Laws of Kenya, Cap. 63, section 11 (1) (3)—Criminal Procedure Code, ss. 164 & 195
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1 January 1936 |
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Criminal Procedure—Evidence—Deposition of deceased witness read—No proof of death of witness—Consent of defending Counsel—Irregularity—Criminal Procedure Code Section 266 (a)
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1 January 1936 |
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Evidence—Corroboration of retracted confession—Misdirection
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1 January 1936 |
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Manslaughter—Negligence—Sentence
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1 January 1936 |
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Evidence—Alleged extra-judicial confession to magistrate—Indian Evidence Act, section 80
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1 January 1936 |