Results.
60 judgments found.
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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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Civil procedure — Bankruptcy notice — Equitable plea by debtor — Attachment by creditor on judgment obtained by debtor against foreign Government — Debtor still competent to. take proceedings
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— Civil Procedure Ordinance, 1924, sections 38, 40
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— Civil Pro- cedure Rules, 0. 39, r. 37. The facts appear from the judgment
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— Power of Court to make receiving order in lieu of committal order
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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 law — Limitation
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— Adverse possession
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— Registration
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— Indian Limita- ton Act, Sch
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— Tenant remaining in possession after expiration of term without paying rent
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1 January 1936 |
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Commercial law — 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
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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.
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Civil procedure — Civil procedure/equity — advocate’s equitable lien
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— client cannot defeat opponent’s right of set-off by asserting advocate’s lien
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— enforceable only by advocate and cannot exceed client’s rights
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Land law — Property law — sale with deferred purchase-money — estate at will
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— caveat removal
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— no formal demand required before forfeiture
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1 January 1936 |
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Contract law — 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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Civil procedure — Chancellor’s rules made thereunder to tanganyika — Certi- fied Bailiff — Limitation
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Land law — Landlord’s right to distrain for rent through an agent — Applica- tion of Law of Distress Amendment Act, 1888, and the Lord
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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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Commercial law — Bankruptcy
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— Bankruptcy Ordin- ance, 1930, sections 22 (10), 57, 101 (1)
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— Costs
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— Limit on costs fixed by order of Court- Agreement between Official Receiver and Advocate
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— Amount recoverable against unsuccessful defendant
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— Taxation
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— Advocate employed by Official Receiver
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1 January 1936 |
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Civil procedure — 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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Civil procedure — 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
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1 January 1936 |
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Criminal law — 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 — Traffic — Ordinance, 1928
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1 January 1936 |
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Criminal law — Information of murder — Conviction of Act intended to cause grievous harm
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1 January 1936 |
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Criminal law — 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.
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Criminal law — Manslaughter by negligence — Application of Rex v. Bateman test (duty, breach, causation, gross negligence)
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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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Criminal law — Manslaughter — Intent — Accessory after the fact
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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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Civil procedure — Leave to appeal — Grant of certificate of leave to appeal
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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 — 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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Criminal law — 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
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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.
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Criminal procedure — identification parade
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— accused should be among sufficient similarly appearing persons and parade conducted without leading questions
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— Fair procedures required
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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
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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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Criminal law — 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
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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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Criminal law — Manslaughter — Negligence — Sentence
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1 January 1936 |
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Evidence — Alleged extra-judicial confession to magistrate
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1 January 1936 |