East African Court of Appeal - 1945

Criminal Law - Murder - Common intent - Effect of drunkenness.

Practice - Costs of proceedings before Rent Control Board - Recoverable by successful party in subsequent legal proceeding - The Kenya Increase of Rent and of Mortgage Interest (Restrictions) Ordinance, 1940, section 4 - Kenya Civil Procedure Ordinance, section 27 - Kenya Advocates’ Remuneration and Taxation of Costs Rules. Rule 11a.

Criminal Procedure - Appeal to Privy Council - Power of Court of Appeal to grant leave to appeal - Criminal matter.

Bankruptcy—Receiving Order—Courts (Emergency Powers) Ordinance, 1944-
Enforcement of judgment—Tort—Stay of proceedings.

Legal practitioner—En rol men t—Period of residence—Rules of Court (Legal Practitioners).

Negligence - Motor-car collision - Negligence of servant - Contributory negligence - Onus of proving employment of servant.
 

Criminal law - Murder - The female accused disassociating herself before fatal injuries inflicted - Observations on irregulatities in the recording of statements from accused persons by police officer.

Criminal law—Native Liquor (Amendment) Ordinance, 1941, S. 4—Possession
of native spirituous liquor—Nature of onus on accused to prove absence of
knowledge.

Criminal law - Unlawful possession of stores in Regimental charge - Regulation 15 (2), The Defence (His Majesty’s Forces) Regulations 1941 (Tanganyika) -  Appeal from decision of High Court of Tanganyika affirming conviction on appeal from a subordinate court - Second appeal not competent on questions of fact.

Criminal law—Practice--Previous statement made by a witness to the police-
Right of defendant to have statement for cross-examination of witness-
Indian Evidence Act, section 145—Admission of statement as evidence-
Correct procedure

Criminal Law - Charge of Murder - Plea - Conviction for manslaughter.

Criminal Law - Murder - Provocation - Manslaughter.

Criminal Law - Practice - Additional evidence on appeal - Power of East African Court of Appeal to call for additional evidence - East African Court of Appeal Order in Council, 1921, Article 3 - Uganda Criminal Procedure Code, Section 317.

Criminal Law - Practice - Uganda Criminal Procedure Code, Section 26 - Witness not called at Preliminary Inquiry called at trial - Omission to give statutory notice - No failure of justice - Uganda Criminal Procedure Code, Section 340.

Defence Regulations—The Defence (Control of Prices) Regulations, 1943,.
Regulations 11 (1), 22, 25 (4)—Cost of Transport—Indian Evidence Act,
- sections 105, 106—Absence of mans rca no defence—Responsibility, of body
corporate and officers.

Criminal Law - Unlawful possession of diamond - The Diamond Industry Protection Ordinance, Section 3 (1) (Tanganyika Cap. 103) - Burden of proof - Severity of sentence - Bail money.

Administration of justice—District commissioner investigated case and directed
prosecution—Power to adjudicate thereon—Charge of corrupt practices-
Penal Code S. 383—Absence of consent of Attorney General or Solicitor General—Nullity of trial.

Criminal Law - Murder - Fatal injuries inflicted by each of several persons.

Defence Regulations—Price Control—Meaning of "officer of the body corporate"
—The Defence (Control of Prices) Regulations, 1942, S. 25 (4).
A company was charged with offences under the Defence (Control of

Criminal Law - Murder - Provocation - Malice aforethought - Section 189, Penal Code - Record of summing up to Jury - Section 169 (4) and Section 170 (2), Criminal Procedure Code.

Criminal Law - Murder - Uncorroborated retradted confession - Truth of confession.

Criminal Law - Theft - Evidence - Witness denying alleged previous statements - Admissibility of previous statements - Indian Evidence Act, Sections 155, 157.

Criminal Law - Neglecting to make an entry concerning sale of goods - Uganda Price of Goods Regulations, 1942, Reg. 6 (6) - Meaning of “sale”.

Criminal Law—Manslaughter—Section 197 Penal Code—Criminal negligence-
Collision between motor vehicle and train, at level crossing.

Criminal law - Murder - Provocation - Belief in witchcraft as possible element of provocation.

Criminal Law - Murder - Provocation - Killing of another by mistake - Manslaughter - Uganda Penal Code, Sections 11, 198, 199.

Criminal law—Penalty—Possession of unlicensed firearms—Arms and
Ammunition Ordinance, 1925, S. 29—Amending Ordinance increasing penalty
—Iilcrease after date of offence but prior to conviction—Sentence illegal.

Criminal law—Failure to maintain drains in proper state of repair—Nairobi
Municipality (Drainage) By-laws, 1929, By-laws 10, lI—Absence of nuisance
—Responsibility of owner of premises.

Criminal Law - Murder - Provocation.

Criminal Law - Murder - Provocation - Manslaughter.

Criminal law—Manslaughter--Common design—Penal Code section 23—Question
reserved for decision of two judges—Criminal Procedure Code section 323.

Criminal law—Practice—Joinder of charges arising out of same facts—Sentence.

Criminal law—Case stated—Dangerous Drugs Ordinance, 1932, S. 8—Mens rcaBurden

Criminal Law—Attempt wrongfully to interfere with or influence a witness in a judicial proceeding—S. 116 (1) (1) Penal Code—Existence of judicial pro-
ceedings a necessary ingredient of the offence.

Criminal law—Practice—Summary trial of minor offences—Kenya Criminal
Procedure Code Section 197—Appeal—Procedure—Sentence.

Criminal Law - Perjury - Section 99 (1) Uganda Penal Code  - Proof of false statement - Uganda Evidence Ordinance, Section 78 - Materiality of statement.

Criminal law—Malicious injury to property—Kenya Penal Code Section 332/1
"Wilfully".

Criminal Law - Murder - Provocation - Uganda Penal Code, S’s. 198, 199 - Manslaughter.

Criminal Law - Murder - Illegal arrest - Fatal assault on person effecting arrest -  Provocation - Manslaughter - Uganda Native Authority Ordinance, S’s. 5 (3) and 6.

Criminal Law—Murder—Defence of alibi—Identification of accused—Reasonabe doubt.

Criminal law—Malicious damage to property—Kenya Penal Code, S. 332 (1)-
Admission of inadmissible evidence—No failure of justice—Criminal
Procedure Code, S. 381—Claim of right—Sentence.
The facts appear fully from the judgment.

Criminal Law - Manslaughter - Killing a thief in the act of stealing - Provocation.

Criminal law—Security for good behaviour from habitual offender—S. 45 ci seq
Criminal Procedure Code—Practice—InOrreet order—'Absence of finding.
By section 45 Criminal Procedure Code it is provided : -

Criminal law—Practice—Trial of Europeans—Incorrect procedure—Criminal
Procedure Code S. 218 ci seq.

Criminal Law - Robbery with Violence - Accomplice evidence - Corroboration -  Scope of admissibility of statements and/or confessions made by one or more accused jointly tried.

Criminal law—Having in possession of conveying property reasonably suspected
of having been stolen—Section 316 Peilal Code—UnIaWf1l possessidh of military property—Regulation 1 5 (2) Defenc (H,M. Forces) Regulations-
Burden of proof—Possession—Explanation of accused.

Criminal law - Possession of soap not conforming to Defence (Manufacture and Sale of Soap (No. 2) Order Tanganyika) - Defence (Control of Prices) Regulations, 1943. Regulations 4 (1) (2) and 25 (1) - Construction of Regulation 4 (1) (2).

Criminal law—Police supervision—Criminal Procedure Code, section 345—
"second or any subsequent conviction"—Proper order to be made.
The facts appear sufficiently from the Order in Confirmation.

Criminal law—Unlawful possession of stock—Stock and Produce Theft (Levy of Fines) Ordinance, 1933, s. 10 (1)—Burden of proof.

Criminal Law—Contempt of Court—Court of record—Scandalizing a Judge and
Courts of Justice—Publication of criticism of Judge and Administration of
Justice—Intention.