Results.
76 judgments found.
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| December 1963 |
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Civil procedure — Jurisdiction-buganda courts — Suit filed in High Court-Action for damages for negligence of employee-Vicarious liability of employer-Application to transfer suit to Principal Court
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11 December 1963 |
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Evidence — Criminal law-murder-evidence-confession — Retracted statement-Corrobor- ation — Assessors not directed of danger of relying on uncorroborated retracted statement
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9 December 1963 |
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Legal profession — Advocate negligence — Money lent on mortgage on advice of advocate — Alleged misrepresentation by advocate of value of security-Failure of advocate to obtain valuation — Default by mortgagor — Sale of security at loss to client — Defence that loss due to fall in price of property
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9 December 1963 |
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Company law — Business names-firm not registered
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Evidence — Evidence-affidavit — Interlocutory application — Affidavit in support — Facts stated F to be true to the best of the deponent's knowledge, information, and belief-Deponent's means of knowledge not stated — Facts clearly within personal knowledge of the deponent- Whether affidavit contravenes Civil Procedure Rules, O. 17, r. 3 (U.)
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9 December 1963 |
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Land law — Hire purchase-transfer of ownership — Estoppel-Agreement to hire motor vehicle-Option to purchase when instalments paid — All instalments paid -Option to purchase not effectively exercised-No time limit specified in agreement for exercise of option-Registration book of vehicle handed over to hirer-Hirer treated as having purchased — Transfer of ownership not registered Vehicle later seized by owner-Action by hirer for trespass, conversion and detinue-Waiver of requirement to exercise option — Whether owner estopped from denying that ownership transferred
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5 December 1963 |
| November 1963 |
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Civil procedure — Criminal law-trial-nullity-summons served in respect of one charge- appearance by accused — Accused then charged and tried on other charges — Accused informed of other charges before trial — Plea taken — No request for adjournment-Whether trial a nullity
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Criminal law — Criminal law-practice-record of trial — Trial before African District Court, Proceedings recorded in English and not in Lutoto — Irregularity
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29 November 1963 |
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Commercial law — Carriage of goods — Carriage by road — Contract — Exemption clause-Loss of goods-No evidence as to how loss occured-Exemption clause excluding liability of carrier unless fundamental breach in performance of contract proved — Burden of proof of proving fundamental breach — Whether burden C of proof on carrier or consignee of goods. Contract-Carriage of goods-Exemption clause-Loss of goods-No evidence as to how loss occurred-Exemption clause excluding liability of carrier unless fundamental breach of performance of contract — Burden of proof of providing fundamental breach — Whether burden of proof on carrier or consignee of goods. Evidence-Burden of Proof-Non-delivery of goods by carrier-Evidence Act 1963 s. 112 (K.)
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22 November 1963 |
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Tax law — Income tax-income — Ex gratia payment — Appointment of agent terminated after many years of service — Ex gratia payment of £5,000 — Personal gift by principals offered by letter-Payment made after termination of employment — Payment in appreciation of long and loyal service — Whether taxable as gains or profits from employment or services rendered
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20 November 1963 |
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Contract law — Sale of goods-breach of warranty-f.o.r. contract — Goods consigned to a place other than as instructed by the buyer — Delivery not accepted by the buyer — Whether the buyer is entitled to reject the goods
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11 November 1963 |
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Civil procedure
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— Appeal powers of court on second appeal — Ruling at trial of no case to answer — Ruling reversed on first appeal — Grounds of misdirection — Further appeal
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— Practice appeal — Powers of court on second appeal — Ruling at trial of no case to answer — Ruling reversed on first appeal-Grounds of misdirection — Further appeal on grounds of misdirection
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6 November 1963 |
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Contract law — Hire purchase-guarantee guarantee given after execution of hire purchase agreement — Consideration for guarantee being the hiring at guarantor's request-Whether good consideration. Damages-Hire purchase-Hiring terminated by owner-Motor vehicle not Returned to owner — Assessment of damages
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5 November 1963 |
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Insurance law — Insurance-motor insurance — Discharge of insurers — Accident-Vehicle repaired on insurers' instructions — Discharge voucher signed by insured — Action for declaration that insured not bound by discharge voucher-Allegation that discharge voucher signed under misrepresentation of fact — Estoppel
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1 November 1963 |
| October 1963 |
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Election law — Practice-review-election petition — Petition successful — Order for costs — application for review of order for costs-Ground for review that judge took erroneous view of evidence and law-Whether application competent — Jurisdiction
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31 October 1963 |
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Civil procedure — Administration of estates-deficiency — Estate of merchant insolvent — Stock-in-trade of estate pledged to creditor by executor-Consideration given by creditor-Validity of pledge — Succession Decree
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24 October 1963 |
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Tort — Damages: illegal distress — Inventory of goods taken by court bailiff — Goods not removed from premises-Measure of damages
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24 October 1963 |
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Contract law — Guarantee-construction
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21 October 1963 |
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Civil procedure — Costs — Taxation — Instructions fee-Claim and counterclaim — Judgment for plaintiff on claim and counterclaim with costs-Claim and counterclaim arising out of one transaction-Instructions fee upon counterclaim-Principle of taxation to be applied
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21 October 1963 |
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Civil procedure — Judgment-judicial decision as authority — Income tax-Words in East African legislation different from British statute — Authority in East Africa of decisions in England upon similar legislation
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Probate law — Income tax-sale of land-profits-purchase of coffee estate-losses from cultivation of coffee — Subsequent user of land for other farming projects — Decision by owner to sell land — Land subdivided into plots-Roads and water installed-Plots sold at profit-Whether realization of investment or trading in land. Income tax-Practice-Judicial decision as authority-Words in East African legislation different from British statute — Authority in East Africa of decisions in England upon similar legislation
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20 October 1963 |
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Road traffic law — Hire purchase-motor vehicle — Purchase of vehicle on credit — Purchaser unable to pay balance to dealer — Application made to finance company — Finance company willing to lend to third party — Third party enters into hiring agree- ment-Purported invoicing of vehicle by dealer to finance company- Instalments payable by third party guaranteed by dealer-Default by third party-Action by finance company against dealer on guarantee-Whether transactio
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16 October 1963 |
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Legal profession — Slander-privilege-words spoken by advocate before licensing authority- statement made on instructions — Whether occasion privileged. Slander-Qualified privilege-Malice-Words spoken by advocate before licensing authority-Words spoken on client's instructions — Instructions believed true — Defence of absolute or qualified privilege — No reply alleging express malice-Whether reply alleging malice necessary — Indian Code of Civil Procedure, 1908, O.19, r. 6
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10 October 1963 |
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Criminal law — Criminal law-charge-duplicity — Driving motor vehicle in reckless manner and at a speed that was dangerous to the public — Distinction between con-junctive and disjunctive particulars of the offence
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Road traffic law — Street traffic-charge — Duplicity — Driving motor vehicle in reckless manner and at a speed that was dangerous to the public-Distinction between con-junctive and disjunctive particulars of the offense
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7 October 1963 |
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Criminal law — Criminal law-practice-further counts added to original charge — Additional counts during trial — Accused not informed of rights — Right to recall witnesses and adjournment-Irregularity-Prejudice to accused-Miscarriage of justice
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7 October 1963 |
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Criminal law — Criminal law-practice-charge — Misjoinder — Two accused — Same complainant -Alleged offences occurring at different places, on different dates, and with different weapons
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7 October 1963 |
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Criminal law — Criminal law-african courts — Audi alteram partem — Witness — Witness held to be lying-Sentence of imprisonment-Witness not heard in his defence — Whether conviction and sentence illegal-African Courts Ordinance, 1957 (U.), s. 17 (2)
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2 October 1963 |
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Mohamedan law-Gift inter vivos-Validity-Gift of house effected by purported deed of sale- Consideration stated in deed not paid-Deed registered— Donor and donee residing in the house at time of gift-Whether donor must leave house after gift-Intention of donor
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2 October 1963 |
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Land law — Landlord and tenant — Distress — Agreement to pay higher fees than those allowed bythe Distress for Rent Rules-Subsequent claim for the excess by the landlord -Whether agreement illegal-Whether parties in pari delicto. Bailiff-Distress-Remuneration-Whether officer of court entitled to re
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1 October 1963 |
| September 1963 |
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Criminal law — Criminal law-charge-irregularity-charge of contravening statute-offence alleged a contravention of an order made under statute — Order contravened not specified in charge — Whether charge bad. Criminal law-Plea- Equivocal plea- Charge of contravening statute-Offence alleged a contravention of an order made under statute — Admission by accused not an unequivocal plea of guilty to offence charged
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30 September 1963 |
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Evidence — Criminal law-maize marketing and control-burden of proof-charge of illegal possession of maize — Misdirection
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30 September 1963 |
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Criminal law — Criminal law-unlawful possession of livestock-plea-unlawful possession in a proclaimed area of stock suspected of having been stolen — Equivocal admission by the accused
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30 September 1963 |
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Land law — Criminal law-receiving or retaining stolen property — No evidence that goods were stolen―No evidence that the accused knew goods were stolen- Circumstantial evidence -Concealment of goods-Whether the circumstances of possession were sufficient proof that the goods were stolen or received with that knowledge
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30 September 1963 |
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Execution Attachment of goods-Distress for rent levied on goods subject to attachment-Goods sold by court bailiff-Goods sold under warrant of sale issued by court-Proceeds of sale deposited in court-Priority—Whether landlord has priority for arrears of rent over judgment-creditor's claim- Distress for Rents (Bailiffs) Ordinance (Cap. 116) (U.)—Judicature Ordinance, 1962, s. 2 (b) (i) (U.)—Statute of 8 Anne, c. 14, s. I (U.K.). Practice-Execution—Attachment of goods—Distress for rent levied on goods subject to attachment-Goods sold under warrant of sale issued by court- Proceeds of sale deposited in court-Application by landlord claiming priority for arrears of rent-Whether application competent-Civil Procedure Ordinance (Cap. 6), s. 101 (U.). Distress—Arrears of rent-Distress levied on goods subject to attachment— Goods attached previously under court order—Goods attached for judgment debt-Goods removed and advertised for sale by bailiff levying distress— Procedure to be followed by landlord and bailiff levying distress when goods already attached-Court Brokers Rules, 1956, r. 3 (U.)—Courts (Rules) Ordinance, 1956 (U.)—Distress for Rents (Bailiffs) Ordinance (Cap. 116) (U.)
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27 September 1963 |
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Pleading-Limitation of action-Exemption from limitation-Exemption claimed on ground of mutual open and current account-Ground of exemption not pleaded. Limitation of action-Action founded on account stated-Account stated orally -Period of limitation applicable-Indian Limitation Act, 1908, First Schedule, arts. 64 and 115
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24 September 1963 |
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Criminal law — Trial — Assessors — Opinion of assessors not taken specifically C whether accused guilty or not guilty as charged-Desirability of obtaining such opinion-Criminal Procedure Code
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Evidence — Criminal law-evidence — Strict proof required of admissions
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14 September 1963 |
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Civil procedure — Criminal law-jurisdiction — Nullity — African court-Case tried without juris- diction-Trial a nullity
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Criminal law — Criminal law-practice-african court-record containing no details of charge and particulars
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2 September 1963 |
| August 1963 |
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Land law — Landlord and tenant — African owner of land — Agreement to sublet by non- African to non-African — Governor's consent necessary
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30 August 1963 |
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Land law — Landlord and tenant — Action for arrears of rent — Claim based on contract
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27 August 1963 |
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Tax law — Income tax-direction by commissioner
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— Appeal — Onus of proof that direction invalid-East African Income Tax — Whether court may presume direction given regularly
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— Direction that certain income be that of the taxpayer-Purpose of transaction avoidance or reduction of tax liability -Whether direction can be made only respecting artificial or fictitious transactions — East African Income Tax — Whether direction stands or falls as a whole — Whether direction bad in law if one transaction not for avoidance of tax-East African Income Tax
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Tax law — Income tax -direction by commissioner-direction that certain income be that of the taxpayer-direction to be in the commissioner's opinion just and reasonable -whether direction should so state-east african income tax (management) acts, 1952 and 1958, s. 2
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20 August 1963 |
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Road traffic law — Street traffic-driving under the influence of drink and driving dangerously — Appeal — Misdirection on fact alleged — Onus on appellant to show that findings unreasonable — Misdirection
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12 August 1963 |
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Civil procedure
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— Pleading plaint — Action for goods sold and delivered — No averment in body of plaint of date when goods sold and delivered — Account annexed to plaint — Account setting out dates of sales and payments on account — Plaint rejected as disclosing no cause of action — Whether annexure forms part of a plaint
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— Vii, r. 11 (a). to plead ex- practice-pleading-plaint — Amendment-Limitation — Amendment emption from limitation
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8 August 1963 |
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Family law — Divorce adultery-condonation — Christian first marriage of husband — Second marriage of husband under Islamic law-First wife residing with husband after second marriage-First wife thereafter living apart from husband — Whether adultery of husband after first wife's departure condoned by her
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8 August 1963 |
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Criminal law — Criminal law- plea — Theft of government property- · Admission that property H stolen -Plea of guilty to a scheduled offence entered — No proof that thing stolen was government property
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7 August 1963 |
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Civil procedure — Practice application by judgment-debtor for adjustment of decree — Application refused-Whether appeal lies
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Evidence — Appeal further evidence — Appeal from ruling made after evidence of parties heard Application to admit fresh evidence — Evidence to destroy respondent's credibility Ruling not reliant upon respondent's evidence — Whether court will admit such evidence
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1 August 1963 |
| July 1963 |
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Limitation law — Limitation — Application for review of judgment — Exercise of discretion to extend time
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30 July 1963 |
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Criminal law-Possessing an instrument of housebreaking-Whether "pencil" torch, an instrument of housebreaking
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26 July 1963 |
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Contract — Illegality — Lease — Mailo land-Lease by African to non-African — Non-African in possession for years--Statutory consents not obtained — Transaction illegal — Whether parties in pari delicto — Recovery of possession — Possession of Land Law
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22 July 1963 |
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Civil procedure — Practice-appeal to privy council
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— Application dismissed by a single judge as being out of time
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— Application not made within twenty-one days but made within sixty days
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— Application to be made within twenty-one days from judgment
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— Eastern African (Appeal to Privy Council) Order-in-Council, 1951, s. 4-Court of Appeal for Eastern Africa (Appeal to Privy Council) Order-in-Council, 1962, s. 1
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— Kenya (Constitution) (Amendment) Order-in-Council, 1962
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— Kenya (Procedure in Appeals to Privy Council) (Amendment) Order-in-Council, 1963, s. 2
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— Kenya (Procedure in Appeals to Privy Council) Order-in-Council, 1962, s. 3 and s. 5
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— Legislation amended re- storing former time limit of sixty days
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— Limitation
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— Application for leave to appeal
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— Reference to full court-Whether amending legislation has retrospective operation
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16 July 1963 |
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Intellectual property law — Trade mark-use of own name by trader — Trade mark registered — Use of own name by trader's son — Name not registered — Similarity of trade marks — Bona fide use — Whether use of own name by son constitutes infringement — Trade Marks
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12 July 1963 |
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Practice-Plaint-Summary procedure-Claim for mesne profits and vacant possession of premises-Whether plaint correctly endorsed for summary procedure-Civil Procedure Rules, O.XXXIII (U.)
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10 July 1963 |
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Constitutional law — Constitutional law-uganda-independence-buganda-constitution of uganda -effect on taxing laws of buganda-uganda (independence) order-in-council, 1962, s. 4 and s. 26 (u.) — Buganda Graduated Tax Law, 1954 — The Constitution of Uganda, s. 74 and s. 95 and item 6 of Part I of Schedule 7 (U.) — Constitution of Buganda, art. 41 (U.) — Buganda Native Laws
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10 July 1963 |
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Maritime law — Shipping-carriage by sea
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— Breach of contract — Dead freight — Shipping space booked for cement-Cement to be loaded at Mombasa for port at Mada- gascar-Shipping space subsequently cancelled before ship leaves port of origin-Claim for dead freight — Whether claim maintainable when ship sails fully loaded from Mombasa
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— Cement to be loaded at Mombasa for Madagascar
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— Claim for dead freight-Claim of usage at Mombasa that space booked can be cancelled by reasonable notice
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— Lien
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— Shipping space booked for cement
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— Lien claimed on other cargo when loaded for dead freight arising from earlier booking-Whether lien enforceable. Shipping-Carriage by sea-Usage-Breach of contract-Shipping space booked for cement-Ship not calling at Mombasa
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— Ship diverted to Mombasa
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— Offer by same shipper of another cargo at Mombasa
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— Shipping space cancelled before ship leaves port of origin
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3 July 1963 |