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Citation
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Judgment date
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| January 1939 |
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An architect appointed as sole arbiter whose considered certificate is final unless impeached for fraud or collusion.
Building contracts – substitution of formal arbitration clause by clause appointing architect as sole arbiter – scope and effect of architect’s certificate – whether certificate given after dispute arose is final and binding – necessity of formal submission or arbitral award – architect’s role as professional deciding technical matters – certificates impeachable only for fraud or collusion; Civil Procedure – non-joinder – objection must be taken at earliest opportunity (s.34).
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1 January 1939 |
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An option-holder’s contractual discretion to dispose of property does not, without fraud, give rise to a fiduciary duty preventing sale to its controlled company.
Contract/Option agreements – wide discretionary power to dispose by ‘‘flotation, sale or otherwise’’ – no fiduciary relationship implied merely from grant of discretion – duty limited to contractual apportionment of consideration. Sale to controlled company – valid disposal absent fraud or bad faith
Trusts – contractual obligation to dispose does not necessarily create a trust or constructive trust
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1 January 1939 |
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Income Tax—Company in liquidation carrying on no business during the year of assessment—Liability of Company—Liability, of Liquidator—Nyasaland Income Tax Ordinance, Chapter 49, sections 5, 6 and 7—Companies Consolidation Act, 1908, section 206
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1 January 1939 |
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Unstamped documents presented for registration must be impounded; penalty assessments under the Stamp Ordinance lie within Revenue Authority discretion.
Stamp duty – unstamped instruments presented for registration – mandatory impounding under s.33 and referral under s.38 – s.17 three‑month stamping concession not available once instrument is presented – penalty under s.40(1)(b) discretionary up to ten times duty – remedy for refund under s.45.
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1 January 1939 |
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Leave to appeal to the Privy Council—Notification of intention to apply for leave to enter and prosecute the appeal in /or,na pauperis—Conditions of leave to appeal—Eastern Africab (Appeal to Privy Council) Order in Council, 1921, Articles 3 and 6
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1 January 1939 |
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Plead i ng—Li mitation—Amendment of pleading—Suit on foreign judgment—Kenya Limitation Ordinance, 1934, secs. 3, 5, 40, 41
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1 January 1939 |
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Bankruptcy—Time for filing appeal—Conflict of laws—Bankruptcy Rules, 1915, Rule 130—Eastern African Court of Appeal Rules, 1925, Rule 8
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1 January 1939 |
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Contract not to be performed within a year—Contract of service-Absence of memorandum under section 4 Statute of Frauds- Implied contract for remuneration of services actually rendered. The facts appear sufficiently from the judgment
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1 January 1939 |
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Costs—Liquor Ordinance, 1934, section 66—Costs incurred by members of Licensing Court in legal proceedings—Defence conducted by Legal Department on behalf of the Licensing Court
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1 January 1939 |
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Concurrent jurisdiction of High Court and Lukiko Court of Buganda—Breach of contract to lend money—General damages—Special damages—Pleading—Uganda Order in Council, 1902, Article 15 (1)—Uganda Courts Oidinance (Cap 39), section 24—Native Courts in Buganda Proclamation Clause 1 (a) A
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1 January 1939 |
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Effect of bankruptcy on antecedent transactions—Execution of judgment for more than four hundred shillings—Bankruptcy Ordinance, 1930 (Kenya), section 43 (2)
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1 January 1939 |
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Bankruptcy—Private examination—Issue of summons—Uganda Bankruptcy Ordinance, Cap. 12, sections 27, 78 (3)—Bankruptcy Rules, Rule 74
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1 January 1939 |
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Partition Act, 1868, section 4—Sale in lieu of partition—Right of owner of one moiety—Onus of proof of good reason against sale
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1 January 1939 |
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(Appeal from decision of H.M. Sopreme Court of Kenya) Criminal law—M urdel—Manslaughter—lnsanity--.---Insane delusion- Provocation—Kenya Penal Code, sections 191 and 192
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1 January 1939 |
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Criminal law—Mufder—Manslaughter—Intent to cause grievous harm
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1 January 1939 |
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Criminal law—Murder—Manslaughter—Malice—intent to cause griev- ous harm—Infirmity of deceased
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1 January 1939 |
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Criminal law—Collectionsfr.om natives—Native Authority Ordinance (Kenya), 1937, sec. 8 (n)—Powers of headman—"Regulating"- Plea of guilty
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1 January 1939 |
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Death occurring during an attempted rape or indecent assault establishes murder under section 196(c) when circumstantial evidence proves the felony.
Criminal law – Murder – s.196(c) Penal Code – malice aforethought established by intent to commit a felony – death in course of attempted rape or indecent assault; circumstantial evidence sufficient to infer commission of violent felony.
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1 January 1939 |
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Criminal law—Murder --- Manslaughter—Provocation—Whether mere abuse can amount to provocation
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1 January 1939 |
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Murder—Manslaughter—Provocation
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1 January 1939 |
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(Appeal from decision of H.M. High Court of Uganda) Criminal Law—Murder—Common intention—Conspiracy—Tanga- nyika Penal Code, section 22
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1 January 1939 |
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Murder—Recent possession—Nexus between stock theft and murder
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1 January 1939 |
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Criminal Procedure - Murder - Charge - Information - Duplicity—Murder of three, persons charged in one count—No failure of justice—Trial validity—Tanganyika Criminal Procedure Code, sections 132 and 335
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1 January 1939 |
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Criminal law—Evidence—Hearsay—Dying statement—Non-direction
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1 January 1939 |
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Criminal law—Murder—Proof of killing—Identification of corpus, delicti—Circumstantial. evidence
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1 January 1939 |
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(Appeal from decision of H.M. Supreme Court of Kenya) Criminal Law and Procedure—Evidence—Impropriety of bringing accused persons before a baraza of native elders during police investigation—Subsequent confession to District Commissioner after due warning and caution
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1 January 1939 |
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Criminal law—Murder—Pr'ovocation—Witchcraft
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1 January 1939 |
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Criminal law and procedure—Admission by accused at preliminary inquiry—Insufficient evidence at close of Crown -case to justify committal for trial—Defence----Trial—Jncjictment__Crimjnal Pro- cedure -Code (Tanganyika) secs. 196A, 213, 228 and 233
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1 January 1939 |
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Criminal law—Murder—Manslaughter—Provocation
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1 January 1939 |
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Criminal Law—Murder—Insanity
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1 January 1939 |
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Criminal Law—Evidence—Corroboration—Indian Evidence Act, section 157
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1 January 1939 |
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Criminal law—Second Appeal—Receiving property knowing it to have been stolen—Guilty knowledge—Mens rea—Reasonable doubt- Accomplice—Evidence of thief—Corroboration—Penal Code (Tanganyika), section 295 (1)
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1 January 1939 |
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Criminal Procedure—Appeal—Appellant becoming of unsound mind-Adjournment sine die
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1 January 1939 |
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Criminal Law—Evidence--Confession made in presence of Sub- Inspector of Police—Retracted confession—Uganda Evidence Ordinance, section 24
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1 January 1939 |
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Criminal Procedure—Trial—Nullity—Absence of assessors—Criminal Procedure Code, Uganda, section 265
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1 January 1939 |
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Evidence—Admissibility of sketch plan
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1 January 1939 |
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Conviction upheld despite witness discrepancies; assessors’ opinions non-binding; failure to report supports adverse inference.
Criminal law – murder – evaluation of eyewitness evidence – apparent discrepancies in time/distance may be illusory, especially with African/Asiatic witnesses. Assessors’ opinions – persuasive but not binding; judge may reject with reasons
Indian Evidence Act s.114 (
Illustration G) – adverse inference from failure to produce evidence readily available (failure to report to police). Evidence collection – desirability of prompt sketch plan to record scene and witness positions
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1 January 1939 |
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Criminal law—Leave to appeal to the Privy Council—Eastern African (Appeal to Privy Council) Order in Council, 1921, Article 3 b
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1 January 1939 |
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Criminal Law—Direction as to failure to disclose alibi before trial
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1 January 1939 |
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Retracted confessions require corroboration; statutory admissions of common intention can sustain murder convictions.
Criminal law – Murder – Retracted confession – Evidentiary weight depends on manner of retraction and requires corroboration in material particulars; statutory statement admitting agreement to kill and participation in concealment can constitute an admission of guilt and proof of common intention.
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1 January 1939 |
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Criminal Law—Murder—Manslaughter—Provocation----Kenya Penal Code, section 199—Reasonable doubt
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1 January 1939 |
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Right of appeal from conviction by a subordinate court pursuant to a direction of Supreme Court of Kenya on a case stated- Criminal Procedure Code (Kenya), sections 333, 346, 353, 35J and 360
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1 January 1939 |