East African Court of Appeal - 1936

Stock Traders' Licences—Effect of trading without a licence—Account
stated—Laws of Kenya, Cap. 59.

Solicitor—Costs—Common Law Lien—Bankruptcy—Charging Order on dividend—Bankruptcy Jurisdiction.

Minihg Ordinance, 1933—Mining Regulations, 1934—Registration of
document dealing with a mining location.

Bankruptcy Notice—Equitable plea by debtor—Attachment by
creditor on judgment obtained by debtor against foreign
Government—Debtor still competent to. take proceedings—
Power of Court to make receiving order in lieu of committal
order—Bankruptcy Ordinance, 1930, sections 3 (1) (g), 99;

Civil Procedure Ordinance, 1924, sections 38, 40; Civil Pro-
cedure Rules, 0. 39, r. 37.

The facts appear from the judgment.

Trade Name—Passing-off Action—Ironmongery Business—Defendant setting up in business in a name by which he was

known—No fraud or risk of confusion—Pleading—Fraud.

Mistake—Money paid by mistake of fact—Banker and customer—Lodgment to wrong account—No mistake by banker.

Limitation—Adverse possession—Landlord and tenant—Tenant
remaining in possession after expiration of term without paying rent—Possessory title—Registration—Indian Limita-
ton Act, Sch. II, Art. 139—Crown Lands Ordinance (Cap.

140) ss. 101, 102, 103, 107.

Bankruptcy—Creditor's, petition—Act of bankruptcy—No stay of exe-
cution by reason of order attaching, debtor's salary on which nothing has been paid—Receiving order on failure to comply with bankruptcy notice—Bankruptcy Ordinance, 1930, section 3 (1) (g).

Sale of land—Payment of purchase-money deferred—Purchaser

put into possession on condition of paying interest on pur-
chase-money—Condition that vendors might terminate

agreement upon- default , in payment of interest—Purchaser
a tenant at- will—No- necessity, for demand of payment—
Advocate’s lien—Enforceable by the advocate and not by
the client—Does not extend beyond rights of client.

Maker of Promissory Note making himself responsible for debt in
bankruptcy owed by a different party, an undischarged bankrupt—Fresh consideration renders agreement good and maker liable-
Agreement not void as being contrary to spirit of bankruptcy law or as inconsistent with good faith to other creditors.

Landlord’s right to distrain for rent through an agent—Applica-
tion of Law of Distress Amendment Act, 1888, and the Lord.

Chancellor’s Rules made thereunder to Tanganyika—Certi-
fied Bailiff—Limitation—Indian Limitation Act, Schedule,

Article 28.

Money-lender—Limitation—Written acknowledgment—Written prom-
ise to pay—Ordinance 45 of 132, sec. 17.

Procedure in Muslim Subordinate Courts—Parties being Arabs-
Mohammedan law to be followed as to procedure and evidence.

Petition of Right—Procedure—Demurrer—Cap. 17, Laws of Kenya-
Civil Procedure Ordinance, 1924—Rules of Court.

Bankruptcy—Costs—Party and Party—Taxation—Advocate employed by Official Receiver—Limit on costs fixed by order of Court-
Agreement between Official Receiver and Advocate—Amount recoverable against unsuccessful defendant—Bankruptcy Ordin-
ance, 1930, sections 22 (10), 57, 101 (1)—Bankruptcy Rules, rr. 77 (2), 79, 83—Rules of Court, 1916, Part XIII, section 111, rr. 33-36.

Appeal—Certificate of leave to appeal—Time within Avhich
memorandum of appeal is to be presented when certificate
of leave to appeal is required.

Practice—Taxation--Costs of interlocutory application—Application
for taxation before final decree.

Criminal Procedure—Revision--Case stated—Criminal Procedure
Code, Secs. 349, 353, 354.

Rape—Child of tender years—Corroboration by witness of 14years.

Criminal Law—Murder—Identification of corpus delicti—Retrial.

Criminal Law—Charge--Duplicity—Charge of "Driving a motor
recklessly, or at a speed, or in a manner which was dangerous to
the public"—Accused "convicted of the offence charged"—Traffic
- Ordinance, 1928, section 15.

Information of Murder—Conviction of Act intended to cause
grievous harm.

Manslaughter—Negligence—Sentence.

Criminal Procedure—Statement of accused to committing Magistrate
—Preliminary inquiry re-opened—No statement made by accused
at second preliminary inquiry—Admissibility of statement made at
original inquiry—Cr. Pro. Code, secs. 219, 233, 289.

Criminal Procedure—Committal proceedings—Function of Magistrate
—Right to weigh evidence.

Criminal procedure—Important witness not called but merely
offered for cross-examination—Undesirability of this practice.
Appellant absent, unrepresented.
Vaughan, Ag. A.G., Zanzibar, for the respondent.

Evidence—Rape—Corroboration of complainant—Unsworn testi­mony of children—Retracted confessions.

Manslaughter—Intent—Accessory after the fact—Unlawful act—Penal Code (Uganda) sec. 84.

Criminal Law—Evidence—Misreception—Statement by deceased
as to cause of death elicited in cross-examination—Not dying
declaration—Law of Nyasaland:

Leave to appeal—Grant of certificate of leave to appeal—Practice.

Criminal Procedure—Duty of prosecution with regard to witnesses—Not bound to call every witness who has made a deposition but only to have them in attendance.

Criminal Procedure—Separate informations against two persons
—Joint trial—Trial a nullity—Crim. Pro. Code (Nyasaland),
Sec. 128a.

Criminal Law—Defence not considered—Retrial—Criminal Pro-
cedure—Witnesses not cross-examined nor depositions put

in—Deposition referred to by trial judge—Witness called
and cross-examined by prosecution after close of case for
defence.
The facts appear from the judgment.

Rape—Adult complainant—Corroboration of complainant’s statement—Direction to jury or assessors.

Criminal Procedure—Insanity—Accused previously found to be
incapable of making his defence—Recovery of sanity—Certificate of medical officer—Duty of Court—Criminal Procedure Code (Kenya), sections 157, 160, 161.

Criminal Law—Evidence—Confession—Confession to private persons held in the circumstances to require corroboration.

Criminal Law—Manslaughter—Negligence—Plea.

Evidence—Confession—Repudiated Confession.

Criminal Procedure—Reading -deposition of absent witness—
Identification parade. .

Evidence—Rape—Corroboration of complainant—Unsworn
testimony of children.
The facts appear from the judgment.

Murder—Manslaughter—Cause of death—Common intention—Intent.

Criminal Procedure—Leave to appeal out of time—When granted—Use of depositions in assessing sentence.

Criminal Law—Murden—Manslaughter—Provocation.
The facts'appear sufficiently in the judgment.

Framing of Charges against accused persons—Contents of Charge-
Second Schedule, Cr. Pro. Code—Particulars to be stated—Plea of Not Guilty—Words of plea not to be construed in derogation of plea—Evidence of accomplice needs corroboration—Cannot be corroborated by another accomphce.

Evidence—Accomplice—Corroboration—Criminal Procedure—
Witness for accused not called for defence but called by
Court—Rebutting evidence called by Court—Cr. Pro. Code
(Tanganyika) Sec. 145.

Vagrancy Ordinance—Charge of leaving reserve without licence-
Order returning native to reserve—No charge of vagrancy—Omis-
sion of formal judgment—Laws of Kenya, Cap. 63, section 11 (1) (3)—Criminal Procedure Code, ss. 164 & 195.

Criminal Procedure—Evidence—Deposition of deceased witness read—No proof of death of witness—Consent of defending Counsel—Irregularity—Criminal Procedure Code Section 266 (a).

Evidence—Corroboration of retracted confession—Misdirection.

Manslaughter—Negligence—Sentence.

Evidence—Alleged extra-judicial confession to magistrate—Indian Evidence Act, section 80.