East African Court of Appeal - 1933

Suits by the Crown—Counterclaim by defendant.

Guardianship of minor child—Disqualification under She.riah-
Possession—I nterests of child.

Insurance (motor car)—Material facts.—Untrue -. statements—.-
Knowledge of agent of insurance company.

supreme Court, jurisdiction of—Stay of execution—Inherent
powers of the Court—Civil Procedure Rules--Order 89, Rule
4—East African Court of Appeal Rules, 1925, Rule 27-
Civil Procedure Ordinance, section 99.

Indian Limitation Act, Article 179—J)ate from which limitation
begins to run on decree.

Trade Marks Ordinance, 1930—Section 10—Registration of din-
tinctive mark—Procedure—Section .13—Trade Marks Rules, 1931.

Bills of Exchange Ordinance, 1927, section 64—Indorsement.-
Material alteration.

Partnership—Joint partners—Action agninst one only in respect
of joint partner8hip debt—Section 43, Indian Contract Act,-
Joint debts not joint and several.

Registration of Titles Ordinance—Indefeasibility of grants—Cer-
tificate of ownership obtained from the Recorder of Titles by

fraud—Subsequent c1 iarge—R ectifleation of the Register of
Titles.

Malicious prosecution—Reasonable and probable cause—Failure
of complainant in criminal prosecution to disclose material
fact within his knowledge—Improper motive—Presumption
of malice—Special damage—Costs of defence in Criminal
Court.

Deeds of Arrangement Ordinance, 1930—Effect of non-registra-
tion in Kenya of arrangement effected in Uganda—Definition of "debtor" under the Bankruptcy Ordinance, 1930—Act of
Bankruptcy.

Section 15, Civil Procedure Ordinance—Jurisdiction---Place where
cause of action arises or where defendant resides, carries on
business or works for gain.

Kenya Bankruptcy Ordinance, 1930, section 91—Release of
Trustee.

Malice aforethought.. section 189, Penal Code—Act arising from
intention to commit felony—Definition of murder, section
186, Penal Code.

The Liquor Ordinance, Cap. 71 of the Revised Laws—Section 43,native obtaining intoxicating liquor—Punishment by im-
prisonment—Definition of intoxicating liquor and of methy-
lated spirit—Penal Code, section 26 (3)—Alternative sentence of fine.

Cruninal. Procedure Code—Admissibility of parole evidence of
confession made by accused to Magistrate but not signed by
accused.

Principles which ought to guide Court in determining proper sentencc: (1) Intrinsic 'value of the subject-matter. (2) An-
tecedents of the accused. (3) Youth of the accused. (4.) Con-
duct at the accused at the trial, particularly with regard to 'his plea. (5) Prevalence of the particular crime in the
neighbourhood.

Appeals from Special District Courts to Court of Appeal—Section
18, Uganda Criminal Procedure Code (Kenya Criminal Pro-
cedure Code, section 18)—Jurisdiction of Court of Appeal-
Article 2, East Africa Court of Appeal Order in Council, 1921.
Confirmation of sentences—Section 16, Uganda Criminal Proce-
dure Code (Kenya Criminal Procedure Code, section 16).

Penal Code, section 295—Onus of proof of receiving stolen
property.

Penal Code, scction 361—Definition of Attempt—Section 362-
Attempt to commit a felony or misdemeanour.

Penal Code, section 30—Compensation—Crirninal Procedure Code,
section 318—Levy of distress.

Evidence Act, section 112—Admissibility of wife's evidence.

Uganda Criminal Procedure Code, section 134 (Kenya Code,
section 132)—Joinder of charges—Duplicity of counts—Two
separate offences in one count—Conviction quashed and new
trial ordered.

Civil Procedure Rules. Order XXI, Rules 7 and 9—Bankruptcy
Ordinance, Sections 11 and 105—Stay of legal process.

Garnishee proceedings—Kenya Civil Procedure Rules—Order
XX—Alienation of property after attachment—Section 47,
Civil Procedure Ordinance—Attachment before judgment—"
Order XXXVI.