East African Court of Appeal - 1935

Pledge—deposit—duty of pledgee—onus of proof of negligence.

Non-Native Poll Tax—Summons to show cause—Second appeal— Subject matter less than £50—Laws of Kenya, Cap. 52, sec. 9—Civil Procedure Ordinance, 1930, sec. 74.

Practice—Appeal—Decree in Suit—Order—Civil Procedure Ordinance (Uganda), section 2 (4)—Civil Procedure Rules (Uganda), 0.4, 0.40—Registration of Titles Ordinance (Uganda), section 147.

Innkeeper—duty towards property of guests—negligence of guest may exonerate innkeeper—contributory negligence

Practice—Eastern Africa—Appeals—Security for costs—Amount fixed by Order in Council—Condition precedent—Non-compliance—Irregularity—Appeals quashed.

Contract—Principal and Agent—Contract to employ for fixed time—Anticipatory breach by Principal—Agent remunerated by Commission—Principal continuing to carry on business— Damages—Condonation of alleged misconduct by agent. Action for damages for breach of contract.

Company—Winding-up—Application by Official Liquidator for Public Examination of Promoter or Officer—Allegation of Fraud—Companies Ordinance (Uganda) (Cap. 105), section 196.

Zanzibar—Decree for Sale of mortgaged property—Execution of decree—Alienation of Land (Restriction and Evidence) Decree, 1934, section 19—Civil Procedure Decree, 0. 21, rr. 86, 89.

Order 9 Rules 8 and 17—English Rules of Supreme Court Order 12 Rule 22—Entry of Appearance—Default by Defendant-
Setting down cx partc—Extry of Appearance out of time but before Judgment—Actua1 appearance of defendant when case.
called on for hearing cx partc—Extension of time.

Bankruptcy--Practice—Application for discharge—Opposition by
non-proving creditorBankruptcy Ord., 1930, sec. 28 (7).

Bankruptcy Notice—Application to set aside.

Avoidance of collision by a driver resulting in damage to his vehicle—Responsibility of driver of oncoming vehicle for damages—Proof of pecuniary loss resulting from damage—' Assessment of loss in absence of proof of direct pecuniary loss.

Limitation—Immovable property—Dispossession—Acts of Ownership—Burden of Proof—Break in period of adverse possession—New Right of Action.

Practice—Execution—Power to make Receiving Order in lieu of Order of Committal—Appeal from Receiving Order—Civil Procedure Ordinance, sec. 38 (d)—Bankruptcy Ordinance, sections 99 and 100, Civil Procedure Rules, 0.19, r. 37 (1) (2).

Bankruptcy—Appeal against Receiving Order—-Application for stay of proceedings—Application to Court of Appeal—Bankruptcy Ordinance, 1930, section 11 and 105. Bankruptcy Rule 97—Court of Appeal Rule 27—E.A. Court of Appeal Order in Council, 1921, Art. 2.

Bankruptcy Practice—Act of Bankruptcy—Bankruptcy Notice showing only balance due after giving credit for payments on account—Validity of Notice—Bankruptcy Bules, 1927, Appendix of Forms, No. 5.

Bankruptcy—Practice—Creditor’s Petition—Act of Bankruptcy— Bankruptcy Notice—Formal proof of judgment-debt not necessary—Bankruptcy Ordinance, 1930, section 7 (2)

Master and servant—Contract of service—Renewal of ervice after
absence on leave.

Moneylender—Loan on chattels mortgage—Memorandum in writing—Particulars given in security—No separate document—Moneylenders Ordinance, 1932, section 2, 10. Action for money lent.

Husband and Wife—Contract for necessaries—Presumption of authority to pledge husband's credit—Presumption of f act-
Wife having separate income.

Practice—Action against rm—Persona1 defence put in by two partners—Leave to amend—Unconditional appearance en-
tered by one defendan—Defence denying that he was partner—Order 27 rr. 7, 8.

Criminal Law—Corporal Punishment—Accused unfit at time
of sentence—Penal Code, section 27 (7) (8).

Criminal Law—Evidence—Retracted confession—Corroboration

Evidence—Plea of accused, if one of n ot guiltyentered, not to'
be used as evidence eveil if it amounts to an admission of
Witness for defence—Necessity for calling—Section 197
Criminal Procedure Code.

Criminal Law—Homicide—Manslaughter—Provocation—Insulting words—Penal Code, section 192—Statement of accused before Committing Magistrate not put in evidence.

Drunkenness in itself no excuse in law—Statement of accused to be put in as evidence. 

Criminal Procedure—Trial by Special District. Court—Revision— Conviction quashed for irregularities in procedure—Order “that accused be now tried by a Court of competent jurisdiction’’—Re-trial—Criminal Procedure Code (Uganda) section 309 (1).

Evidence—Confession—Statement made by accused to District Commissioner in response to questions—Previous inadmissible col. fession

Criminal Law—Murder—Manslaughter—Provocation by fellowtribesman of person killed—Penal Code (Tanganyika) section 192.

Criminal Law—Murder—Plea—Words admitting killing under provocation—Plea of Not Guilty entered—Unsworn state­ . inent by accused—Interrogation by Court.

Penal Code (Kenya), sections 185, 186, 189 (a), (b) and (c)— Murder and Manslaughter—Malice aforethought—Intent to do grievous harm—Intent to commit a felony.

Criminal Law—Insanity.

Confession—Retracted confession—Absence of corroboration— Accused’s statement before Magistrate—Production of at trial—Functions of assessors.

Nyasaland—Criminal Procedure Code, section 222—Case committed for trial to High Court—Power of Attorney General to direct cases to be tried by Subordinate Court—No further investigation directed.Nyasaland—Criminal Procedure Code, section 222—Case committed for trial to High Court—Power of Attorney General to direct cases to be tried by Subordinate Court—No further investigation directed.

Penal Code, section 306 (2)—Interpretion of "wilfully ad
unlawfully
Admission of an act does not ipso facto intent-Levy of distress-Restriction of to cover amount of compensation

Dying declarations—danger of relying on inferences contained in.

Criminal Law—Murder—Homicide committed in effecting the arrest of escaping offender—Criminal Procedure Code (Tanganyika) section 20.

Criminal Law—Homicide—Defence of drunkenness—Penal Code, section 14, 190.

Criminal Law—Perjury—Particularity of charge—Private prose-
cution—Perinission to prosecute—Appeal—Right of prose-
cutor to appear on appeal—Criminal Procedure Code, sections. 340, 86.

Criminal Prbed O--Chge Of breekifig into a buildiiig mid cotri-
mitting felony—Conviction for receiving—No formal charge-
Penal Code sections 282 ;295—Criminal Procedure Code section 174.

Criminal Law—Conspiracy to steal—Penal Code (Uganda) sections 232 and 337—Agreement to do an unlawful act inferred from evidence of acts not in themselves unlawful.

Criminal procedure—Reward to informer—No fine imposed-
Reward ordered to be placed to credit of Police Rewards and

Fines Fund—Stock and Produce Theft (Levy of Fines)
Ordinance, 1933, section 7—Police Ordinance, 1930, section
53 (3).

Criminal Law—Manslaughter—Provocation—Mistake of fact— Tanganyika Penal Code, section 11.

Criminal Law—Manslaughter—Criminal negligence—Sentence— Information as to the prevalence of the offence—Criminal Procedure Code, section 280.

Criminal Law—Homicide—Killing in fight following immediately upon quarrel—Fight upon equal terms—Manslaughter.

Criminal Law—Murder—Malice aforethought—Intention to cause dangerous harm.

Criminal Law—Receiving stolen property—Possession by thief originally lawful—Subsequent conversion by thief.

Criminal Law—Murder—Plea—Words admitting killing under provocation—Plea of Not Guilty entered.