East African Court of Appeal - 1939

Building contract—Special clause appointing architect as sole arbiter
to assess and settle all matters in dispute—Dispute as to extras
and variations—Architect's certificate—Function of architect qur

arbiter—Whether formal submission and award necessary-
Whether architect's certificate conclusive—Civil Procedure Code,

1882, section 34—Parties—Preliminary objection on ground of
non-joinder of an essential party—Time for such objection.

Option agreement—Sale—Power of sale—Option to take over certain
mining interests for flotation sale or disposal in such other
manner as the grantee of the option may in his discretion think
best, the consideration for such disposal to be apportioned as
to 30 per cent thereof to the grantor and as to 70 per cent thereof
to the grantee of the option—Sale to company controlled by
grantee of the option—Whether any implication of fiduciary
relation.

Income Tax—Company in liquidation carrying on no business during the year of assessment—Liability of Company—Liability, of Liquidator—Nyasaland Income Tax Ordinance, Chapter 49, sections 5, 6 and 7—Companies Consolidation Act, 1908, section 206.

Revenue—Stamp Duty—Impounding of unstamped documents executed outside the Protectorate—Penalty-----Discretion of Revenue Authority—Uganda Stamp Ordinance (Cap. 161), sections 16, 17, 33, 35 (a), 38 (2), 40 (1) (b), 45.

Leave to appeal to the Privy Council—Notification of intention to
apply for leave to enter and prosecute the appeal in /or,na
pauperis—Conditions of leave to appeal—Eastern Africab
(Appeal to Privy Council) Order in Council, 1921, Articles 3
and 6.

Plead i ng—Li mitation—Amendment of pleading—Suit on foreign judgment—Kenya Limitation Ordinance, 1934, secs. 3, 5, 40, 41.

Bankruptcy—Time for filing appeal—Conflict of laws—Bankruptcy Rules, 1915, Rule 130—Eastern African Court of Appeal Rules, 1925, Rule 8.

Contract not to be performed within a year—Contract of service-Absence of memorandum under section 4 Statute of Frauds- Implied contract for remuneration of services actually rendered. The facts appear sufficiently from the judgment.

Costs—Liquor Ordinance, 1934, section 66—Costs incurred by members of Licensing Court in legal proceedings—Defence conducted by Legal Department on behalf of the Licensing Court.

Concurrent jurisdiction of High Court and Lukiko Court of Buganda—Breach of contract to lend money—General damages—Special damages—Pleading—Uganda Order in Council, 1902, Article 15 (1)—Uganda Courts Oidinance (Cap 39), section 24—Native Courts in Buganda Proclamation Clause 1 (a) A.

Effect of bankruptcy on antecedent transactions—Execution of judgment for more than four hundred shillings—Bankruptcy Ordinance, 1930 (Kenya), section 43 (2).

Bankruptcy—Private examination—Issue of summons—Uganda Bankruptcy Ordinance, Cap. 12, sections 27, 78 (3)—Bankruptcy Rules,
Rule 74.

Partition Act, 1868, section 4—Sale in lieu of partition—Right of owner of one moiety—Onus of proof of good reason against sale.

(Appeal from decision of H.M. Sopreme Court of Kenya)

Criminal law—M urdel—Manslaughter—lnsanity--.---Insane delusion-
Provocation—Kenya Penal Code, sections 191 and 192.

Criminal law—Mufder—Manslaughter—Intent to cause grievous harm.

Criminal law—Murder—Manslaughter—Malice—intent to cause griev-
ous harm—Infirmity of deceased.

Criminal law—Collectionsfr.om natives—Native Authority Ordinance (Kenya), 1937, sec. 8 (n)—Powers of headman—"Regulating"-
Plea of guilty.

(Appeal from decision of H.M. High Court of Uganda)
Criminal law—Murder—Malice aforethought—Death caused during
commission of felony involving violence—Uganda Penal Code,
section 196 (c)—Circumstantial evidence.

Criminal law—Murder --- Manslaughter—Provocation—Whether mere
abuse can amount to provocation.

Murder—Manslaughter—Provocation.

(Appeal from decision of H.M. High Court of Uganda)

Criminal Law—Murder—Common intention—Conspiracy—Tanga-
nyika Penal Code, section 22.

Murder—Recent possession—Nexus between stock theft and murder.

Criminal Procedure - Murder - Charge - Information - Duplicity—Murder of three, persons charged in one count—No failure of
justice—Trial validity—Tanganyika Criminal Procedure Code,
sections 132 and 335.

Criminal law—Evidence—Hearsay—Dying statement—Non-direction.

Criminal law—Murder—Proof of killing—Identification of corpus, delicti—Circumstantial. evidence.

(Appeal from decision of H.M. Supreme Court of Kenya)
Criminal Law and Procedure—Evidence—Impropriety of bringing
accused persons before a baraza of native elders during police
investigation—Subsequent confession to District Commissioner
after due warning and caution.

Criminal law—Murder—Pr'ovocation—Witchcraft.

Criminal law and procedure—Admission by accused at preliminary
inquiry—Insufficient evidence at close of Crown -case to justify

committal for trial—Defence----Trial—Jncjictment__Crimjnal Pro-
cedure -Code (Tanganyika) secs. 196A, 213, 228 and 233.

Criminal law—Murder—Manslaughter—Provocation.

Criminal Law—Murder—Insanity.

Criminal Law—Evidence—Corroboration—Indian Evidence Act,
section 157.

Criminal law—Second Appeal—Receiving property knowing it to have been stolen—Guilty knowledge—Mens rea—Reasonable doubt- Accomplice—Evidence of thief—Corroboration—Penal Code

(Tanganyika), section 295 (1).

Criminal Procedure—Appeal—Appellant becoming of unsound mind-Adjournment sine die.

Criminal Law—Evidence--Confession made in presence of Sub-
Inspector of Police—Retracted confession—Uganda Evidence

Ordinance, section 24.

Criminal Procedure—Trial—Nullity—Absence of assessors—Criminal
Procedure Code, Uganda, section 265.

Evidence—Admissibility of sketch plan.

Criminal Law—Murder--Evidence—Proof of innocent explanation-
Discrepancies in evidence—Evidence of Asiatics and Natives-
Assessors' opinions—Desirability of sketch plan—indian Evidence

Act, section 114.

Criminal law—Leave to appeal to the Privy Council—Eastern African
(Appeal to Privy Council) Order in Council, 1921, Article 3 b.

Criminal Law—Direction as to failure to disclose alibi before trial.

(Appeal from decision of H.M. High Court of Nyasaland)
Criminal law—Murder—Retraction of confession—Common intention
—Parties to offences—Principal offenders.
Appellants appealed from convictions of murder.

Criminal Law—Murder—Manslaughter—Provocation----Kenya Penal
Code, section 199—Reasonable doubt.

Right of appeal from conviction by a subordinate court pursuant

to a direction of Supreme Court of Kenya on a case stated-
Criminal Procedure Code (Kenya), sections 333, 346, 353, 35J and 360.