East African Court of Appeal - 1941

Jurisdiction of Native Tribunals over Somalis — Native Tribunals Ordinance, 1930, section 8.

Contract for carriage of goods for reward not as common carrier — Loss in transit by negligence of carrier's servant — Validity of conditions exempting carrier from liability to pay compensation or damages — Special contract — Public policy — Indian Contract Act, sections 1, 151 and 152.

Contract — Evidence — Agreement — Execution of formal transfer of land as consideration for collateral agreement not referred to in the transfer deed  — 
No inconsistency — Admissibility of evidence of the collateral agreement  — Indian Evidence Act, section 92.

Appeal from decision of H.M. High Court of Tanganyika

Civil Procedure — Custody of child.

Criminal Procedure — Sentence enhanced on appeal by Supreme Court from a fine to imprisonment without the option — Powers of Supreme Court in enhancing: sentences — Whether any appeal lies to the Court of Appeal for Eastern Africa. from such an enhancement in view of section 346 of the Criminal Procedure Code

Criminal Law — Corroboration of retracted confession — Evidence — Statutory statement in committal proceedings or extra-judicial confession taken through a police constable as interpreter.

 Criminal Law — Murder — Allegation of being a witch doctor not provocation.

 Criminal Law — Murder — Cause of death — Sepsis following wound — Whether wounds or unskilled treatment the cause of death.

Criminal Law — Right of appeal — Second appeal — Appeal from decision of High Court of Tanganyika affirming conviction on appeal from a subordinate court — No power in second appellate Court to entertain an appeal on a point of fact or of mixed law and fact —Tanganyika Criminal Procedure Code, section 314.

Criminal Procedure — Right of appeal — Criminal Law — Appeal from magistrate
exercising extended jurisdiction.
 

Appeal from decision of H.M. Supreme Court of Kenya. Criminal Law — Kenya Penal Code, section 296 — Possession of property reasonably suspected of having been stolen — Proof of possession. 

Appeals from decision of H.M. High Court of Uganda Criminal Law — Murder — Parties to offences — Principal and accessories — Accessories after the fact — Joint trial of alleged principal, and accessories after the fact — Acquittal of alleged principal and conviction of accessories — Informalion of being an accessory after the fact to contain particulars — Trial — Joint trial — Uganda Criminal Procedure Code, section 135 A.

Appeal from decision of H.M. High Court of Tanganyika. Criminal Law—Identification Parade—Instructions to identifying witnesses.

Application for leave to appeal from judgment of Supreme Court of Kenya in its appellate jurisdiction on question of fact.

Criminal Law — Murder — Manslaughter — Cause of death—Common intent — Death due to shock resulting from two independent beatings — Acquittal under
sections 320 and 314 of the Uganda Criminal Procedure Code of convicts
who have not appealed.

 Criminal Law — Confession — Corroboration — Retracted onfession. T

Criminal Law — Homicide — Murder — Provocation — Witchcraft  — Tanganyika Penal Code, sections 191 and 192.

Crininal Law — Homicide — Murder — Manslaughter — Provocation — Belief in witchcraft as a possible element of provocation — Uganda Penal Code, sections 188 and 199 — Evidence — Confession — Difference in effect of a denied and a retracted confession — Necessity for care in 'taking confessions by police officers.

Criminal Law — Murder — Death resulting from severe beating with sticks — Malice aforethought — Intent to cause grievous harm — Common intent — Uganda Penal Code, section 22.

Criminal Law — Murder — Common intent — Malice aforethought.

Criminal Law—Evidence--Confession—Definition of confession—Use of alleged confession against co-accused.

Manslaughter — Criminal negligence — Intravenous injection by medical orderly of a drug which should have been administered by intramuscular injection Mens Rea.

 Criminal Law — Sentence for manslaughter— Dangerous weapon.

Criminal Law — Murder — Uncontrollable impulse — Malice aforethought.

Evidence — Indian Evidence Act, section 157.

 Criminal Law —Treason, section 36, Penal Code — Death sentence mandatory.

Criminal Law — Evidence — Use of depositions at trial.

Criminal Law — Homicide — Murder — Manslaughter—Provocation — Insulting words — Tanganyika Penal Code, section 192 — Conviction — Misdirection.

Criminal Law — Evidence — Defination of confession — Joint trial — Indian Evidence Act, section 30.

 Criminal Law — Homicide — Murder — Manslaughter — Provocation.

Criminal Law — Murder — Provocation — Insulting words.

Criminal Law — Murder — Drunkenness as an excuse — Drunkenness as a factor for consideration on the issue of provocation.

Criminal Law — Right of appeal — Appeal from order of Uganda High Court increasing sentences imposed by the Lukiko Court — Uganda Criminal Procedure Code (Cap. 41), sections 307 and 320 — Buganda Courts Ordinance, 1940 (No. 4 of 1940), section 29 (2).

Criminal Law — Evidence of wife or husband of accused — Monogamous marriage Uganda Criminal Procedure Code, section 151.

Criminal Law — Murder — Drunkenness as matter of defence in homicide cases Insanity — Capacity to form intent — Direction — Misdirection. 

Criminal Law — Fraudulent false accounting — Intent to defraud — False entries in , banker's books made by teller — Tanganyika Penal Code, section 301 (a) and (b).

 Criminal Law — Confession — Necessity for corroboration of retracted confession. Appellant appealed from a Conviction of murder.

Evidence — indian Evidence Act, section 30 — Relevance of confession of co-accused — Corroboration.

Costs of original prosecution, proceedings on a case stated and appeal when original conviction set aside without an acquiftal on the ground of illegibility of record.

Contract — Indent for goods containing clause providing that in no circumstances shall the buyer be entitled to compensation for nonshipment or late shipment —Buyers notified that shipment under the indent would not be made — Much subsequeniy similar goods shipped to buyers agent for disposal independently of the indent — No right to damages.