East African Court of Appeal - 1944

Carriage of passenger—Implied term of contract—Breach—Death of contractor
owing to breach—Claim against estate—Damages.

Divorce Jurisdiction—Dismissal of petition upon Petitioner's application—No
evidence to substantiate charges—Costs—Solicitor and client—Party and
party—Discretion of Court—Matrimonial Causes Ordinance, 1939, Rule 66
—Rules of Supreme Court (Taxation of costs), Rule 35.

The Customs Management Ordinance, 1 926---Customs Prosecution—Attempting
to evade payment of customs duty—Burden of proof—Ordinance 25/1926,
Sections 242, 244—Averment by prosecutor insufficient.

Divorce—Restitution of Conjugal Rights—Cruelty.

Bankruptcy—Effect of order of discharge being made but suspended for a stated
period on a previous order for payment of monthly sum to the Official
Receiver.

Bankruptcy—Judgment entered pursuant to conditional order of discharge—Con-
ditions as to payment—Limitation for execution of judgment—Registration of judgment in Supreme Court—Civil Jurisdiction--Meaning of "judgment"
in Bankruptcy Ordinance—Bankruptcy Ordinance, 1930, section 28 (2) (iv)
—Bankruptcy Rules, 1927, rules 190 and 193.
The facts appear sufficiently from the Order.

Advocate—Struck off the roll for official corruption—Re-admission of.

Nullity of marriage—Wife's petition—impotence--Delay--Sincerity.

Civil Procedure—Ihectiod of dociiñidht—Relevance of document

Case stated—O. XIII Rule 6—Public Health Ordinance, 1921, sections 119, 121,
126—Malaria Prevention Ordinance, 1929, section 8.

taxatiOn of osts—Objeetiôñ to Quanttiir—Value Of §uif in taxätidi—biscretith1
in Registrar—Quahtum as distinct from priiiciple—Instruttioli fee.

False information to person employed in the public service—Person under arrest
answering question put by constable—Penal Code, section 124.

Nairobi Muniàia1 By-laWs, 199 (By-ia* 49)—ohsiiuctiOn—ailve carrying
arm without lichéè—Military ákàti.

Special Police OMëet—Ap5oiñtmeht--1efusa1 to make declaration—Police
Ordinance, 1930, seátidñ 70

Defence Regulations—Defence (Control of Prices) Regulations, 1943; Regulations
8, 20—"Like or similar goods"—Absence of relevant evidence rebutting Price
Controller's certificate.

Defence Regulations-Defence (His Majesty's Forces) Regulations, 1941, reg. 15 (1) (a)-unlawful possession of military property-On any pretence whatsoever"-Construction

Evidence of Christian child of immature age taken without oath or affirmation-
Criminal Procedure Code, section 151—Indian Oaths Act, 1873, section 6.
The facts appear sufficiently from the following extract from the judgment
of Bartley, J.

Criminal Law—Supplying natives with methylated spirits--SellinSelling methylated
spirits without a licence-Liquor Ordinance, 1934, sections 39 and 44

Action for goods sold and delivered—Submission that no case to answer—Duty
of trial Judge—Appeal.

Civil Appeal—Action for ejectment—Plaintiff not owner of plot—No title to sue
—Wrong plaintiff—Bona fide mistake—Order I Rule 10—Amendment of
plaint.

Matrimonial Causes Ordinance—Judicial Separation—Permanent Alimony-
Section 24 (4)—"Income"—Husband and wife—Joint incomes—Principles of assessing alimony—Conduct of parties.