East African Court of Appeal - 1936

60 judgments
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60 judgments
Citation
Judgment date
January 1936

Criminal Law—Murder—Manslaughter—Provocation.

1 January 1936

Costs—Native Hut and Poll Tax—Ordinance 40/1934, Sec. 6 (2)-
Rules of Court, Part Xl, Schedule II.

1 January 1936

Attempted murder—Reduction of charge by magistrate—Intent to do
grievous harm—Criminal Procedure Code, section 223.

1 January 1936

Bankruptcy Offence—Trader disposing of property obtained on credit
and not paid for otherwise than in the ordinary way of his
trade—Bankruptcy Ordinance, 1930, section 134 (1) (o),

1 January 1936

Criminal Procedure—Evidence—Discrepancy between evidence
of witness and deposition—Witness cross-examined as to
discrepancy but 'deposition not put in evidence—Deposition
considered by Court of Appeal'.

1 January 1936

Appeal—Judgment directing account—Account presented more than three months after date of judgment—Decree ante-dated to date of judgment—Appeal not presented within three months of date of decree—Duty of appellant to have judgment drawn up in form of decree—Eastern African
Court of Appeal Rules, 1925, rr. 6, 8 (1)—Civil Procedure
Rules, 0. 18 r. 7.

1 January 1936

Charge on land—Rights of chargee—Machinery and fixtures attached
to land and used for the development thereof form part of the immovable property—Not attachable as movable property—De-
termination of charge—Extinction of chargee's rights over fixtures.

1 January 1936

Money-lender—Business effected outside country of registered address—Isolated transaction—Money-lenders Ordinance (Kenya) No. 45 of 1932.

1 January 1936

Hire-purchase Agreement—Bill of Sale—Inference of fact.

1 January 1936

Malicious prosecution—Evidence--Absence of reasonable and probable
cause—Plaintiff bound over to keep the peace—Order binding
over quashed on appeal—Cross-examination of plaintiff as to
character and in mitigation of damages—Depositions or notes of
evidence at the prosecution of plaintiff.

1 January 1936