East African Court of Appeal - 1932

Indian and Colonial Divorce Jurisdiction Act, 1926—Kenya (Non-
domiciled Parties) Divorce Rules, 1928—Wife's petition for

divorce.

Nullity of marriage—Consummation—Permanent impotency—f
Period of Coh,abitation—Legal presulTiptions.

Nullity of marriage—Consummation—Permanent impotence_-_L

Onus of proving on pettioner—Presumption--Period of co-
habita1ion—Va1idity of marriage performed by person not

authorized—The Marriage Ordinance, Cap.. 167 of the
Revised Laws.

Third party procedure—Civil Procedure Ordinance, Order 1,

Rule IS—Application br directions after consent judgment-
Power of Court.

Principal end agent—Agent's authority—Sale of ivory on con-
signment—Discretion of agent—Specth c instructions to agent

Civil Procedure Ordinance, section 84 (2)—Execution of decree-
Order treating suit as a roceeclng—Right of apjeal from.

Transfer of Property Act—Mortgage suit—Civil Procedure Rules,.
Order XXXIII—Summary procedure on a covenant in a

simple mortgage to pay, where property not transferred to-
mortgagee.

Bankruptcy Ordinance, 1.930, Section 46—intention of debtor
in making a transfer to give a proJ erence—Threats of
criminal prosecution—Effect on mind of debtor—Threats not
made genuinely—Transfer deemed fraudulent

Attachment before judgment—Moneys in hands of third party to
pay specific claims against defendant.

indian Limitation Act, 1877, Art. 179—Period of limitation for
execution of a decree—Application for execution.
indian Code of Civil Procecli.ire, 1882—Section 230, in reltion
to the Kenya. Code of Civil Procedure and Rules thereof.

Civil Procedure Rules, Order Vii., . Rule 11

Agseement for sale of land—Purchase price to be paid by insta[-
ments—No provision in agreement to pay interest on uflpa.i(l

instalments—Purchaser let into possession—Order-in-
Council, 1921, Article 4 (2)—Rule of Equity.

Appearance—delayin entering—Hearing 'cx parte in default of
appearande by defndant—Ordr IX, Rule 8.

Interrogator.ies—Libel—Ailegution of malice—Source of defendanta information privilege
 

Advocate—professional misconduct, what amounts oLretaii i n '
client's money—dnciplinary ppwer of court over advocdtes.

Mohamedan law—Deed of Na.thra ''—Inequitdble to other
children—Revocation—Concealment of revocation from
Recorder of Titles—Fraud—Indian Contract Act, section 17
—The Registration of Titles Ordinance, Cap. 142, Laws of
Kenya—Rectification of title—indian Limitation Act:

TJe, of highway—Responsibility for negligence—])egree of care
essential—Negligence and contributory negligence.

•civil Procedure Ru:les—sumrnons for final disposal—Order V.,
Rules 1, 5 and 7—Written statement, Order V1II, Rule 1.

indian Contract Act, Section 70—Compensation for non-
gratuitous act—User—Mutual party wall—Civil Procedure

Ordinance, section 7—Res jndicata—indian Limitation Act
—Commencement of limitation.

Civil Procedt.ue Rules, Order XJX, Rule .45—Attachment of
• salary—Civil Procedure Ordinane, section 34—Power of
Court to determine matters arising between parties—Section
• 47—Avoidance of private alienation of property attached..

Chattels Transfer Ordinance (XXIV of 1930), S. 24—Identifieatioa
of subjects of Bill of Sale.

Evidence Act, Section 165—power of judge to discover or obtain
proof of relevant facts by questioning any witness or party
at any time in any form.

Costs—Advocates—Instructions to oppose application in
chambers-1916 Rules.

The Courts' Ordinance (No. 16 of 1931), section 18—Jurisdiction

of Kathi's Court—" Mohamedan native "—The Interpreta-
tion and General Causes Ordinance (Cap. 1), section 2, and

the Courts Ordinance (No. 16 of 1931), section 2—Definition
of native ''—Meaning of " origin ." and " extraction."

Criminal Law, Cap. 62—immigration Restriction Ordinance—.
Failure to prove case by Crown-Crimina1 Procedure Code
196A.

indian Evidence Act, section 122—Testimony of wife."

The Criminal Procedure Code, section 77 (a)—Transfer of cases
betwee Magistrates.

Exclusive opportunity " and general conduct of accused
person—Ci rcu m stanti.al evidence.

The Penal Code, section 14—intoxication as ground of defence-'-
Penal Code, section 189--lntention and malice aforethought
—Effect of intoxication—Question of fact.

The Criminal Procedure Code, section 138, autrofois acquit-
Section 11 & 349—Powers of Supreme Court in Confirmation

—Effect of. an Order quashing a conviction and sentence.

The Penal Code, section 167 (4)—Rogues and agabonc1s-
Visible means of subsistence."

Indian Evidence Act, section 122—Admissibility of evidence of
wife married by native custom—Defence of provocation.

Kenya Colony Order-in-Council, 1921, Article 7—Native custom
• —Witchcraft—Punishment according to native custom not
permissible—Evidence of cleath—Court not restricted to
• expert evidence alone—Mens rca.

Evidence—Confession—Police officer—Statement of accused
person to police officer while in custody_Admissjbiljty_
Penal Code, section 196A—J)ischarge of accused person when
no case to answer.

The Criminl Procedure Code, section - 202—Order of dismissal
bar to further procedure—A utref ois acquit—Native Tribunala
Ordin:ance, 1930, section 30 (c)—Power to transfer case
before or after sentence passed—Section 32—Procedure
when case transferred from Native Tribunal for tial or
re-trial.

The Criminal Procedure Code, section 122-13aiI bond—I)uties of
sureties—Section 129—Forfeiture of recognizance.

The Penal Code—Sections 12 and 13—Presumpion of ssnity-
'- Insanity—Murder—])efence of insanity—Onus on accused
to prove insanity—Direction to jury..

The Penal Code, section 117—I)isobedience of lawful orders-
Notice not an order '.' as intended in section 1.17-

Jurisdiction of Second Class Court

The Penal Code, section 176—Offensive trades—Onus of proof
of annoyance.

Zanzibar Criminal Procedure J)ecree, section 131—Power of
Magistrate to record, confessions not applicable where such
Magistrate is by virtue of section 8 () of the Police Decree
(Zanzibar) in entire control of police.

Crimina] Procedure. Code, section 195—Statement of charge to
accused—Section 199—Power 'to amend charge if improperly
drawn.

Stock and Produce Theft (Amendment) Ordinance, 1928, section
4—Possession of stolen stock—Physical or constructive
Possession

Motor car—Hire-purchase—Joint insurance policy—Fire caused
by hirer—Liability of insurers to owners—Extent of liability.

Measure of damages.