East African Court of Appeal

Execution proceedings—Attachment—Settlement and release of goods attached
on instructions of attaching creditor—Subsequent attachment—Section 47
Civil Procedure Ordinance.

Defence (Control of Prices) Regulations, 1945, section 11 (1)—Section 22 (1)—■
Section 4 (1) and (3)—Meaning of “Production”—Publication of lists in' such
manner as Price Controller considers necessary—Whether such lists, should
be exhibited.

Notice to quit—Monthly tenancy—Notice determining tenancy on 12th of month—Validity.

(Appeal from decision of H.M. High Court of Uganda—Low, J.)
Assessors—Opinion on native law and custom—Whether evidence should be given.

African-grown Coffee Rules, 1949 (G.N. 1172/49), Rule 3 (1)—Whether ultravires—Crop Production and Livestock Ordinance, section 4 (Cap. 205)—Interpretation (Definition of African and Native) Ordinance (55 of 1934)—Royal Instructions, 1934, article 34—Coffee Industry Ordinance, section 13 (Cap. 201)—Coffee (Marketing) Ordinance (Cap. 202).

Assault and damages—Compensation awarded in • previous criminal proceed-
ings—Whether res judicata—Penal Code section 25 and section 31—Criminal

Procedure Code section 175.

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, Ag. Judge)
Cheque—Whether accord and satisfaction for loan if dishonoured—Whether notice
of dishonour necessary—Whether interest as damages payable.

(Appeal from decision of H.M. High Court of Tanganyika—Mahon, J.)
. Murder—Plea of guilty—Whether acceptable.

(Appeal from decision of H.M. High Court of Uganda—Sir David Edwards, C.J.)

* Uganda Evidence Ordinance—Confession to Police Corporal—Entry in Occur-
rence Book whether admissible.

(Appeal from decision of H.M. High Court of Tanganyika—Abernethy, Ag. J.)

(Appeal from the decision of H.M. Supreme Court of Kenya—Windham, J.)
Criminal law—Informations—Three informations tried together—Nullity.

(Appeal from decision of Supreme Court of Kenya at Meru—Bourke, J.)
Information—Date on which deceased received his injury—Or date on which he
died.

(Appeal from decision of H.M. Supreme Court of Kenya—Modera, J.)
Charge of murder—Conviction of wilfully obstructing the police—Section 179 (2)
Of the Kenya Criminal Procedure Code.

Moving stock—Diseases of Animals Ordinance—Charge under section 7 (5):.

(Appeal from original Order in Bankruptcy Cause No. 1 of 1949 of H.M. High
Court of Tanganyika in the District Registry at Tanga—Knight, J.)
Bankruptcy—Notice of available act of Bankruptcy—Trustee in Bankruptcy—Title
relating back—Sections 39 and 47, Tanganyika Bankruptcy Ordinance—
Jurisdiction of Tanganyika High Court to deal with goods removed to Kenya.

Increase of Rent Restriction Ordinance, 1949—sub-letting in 1948 of part of
premises remainder not being already sub-let—Effect of section 16 (1) (i)—
Section 28 and section 35 of the 1949 Ordinance and of section 8 (1) (h)
Increase of Rent Restriction Ordinance, 1940.

(Appeal from the decision of H.M. High Court of Uganda—Low. J.)

Uganda—Damages for negligence—Contributory negligence by infant—Con-
tributory negligence by adult guardian.

Summary Judgment—Order XXXV rule .2 Civil Procedure Rules—Affidavit of
merits.

Master and servant—Wages in lieu of notice—Proof of damage—Proof of custom.

(Appeal from decision of H.M. High Court of Uganda—Low, J.)
Suit for recovery of rent—Standard Rent—Judgment in terms of Standard Rent—
Rent Board’s proceedings fixed without tenant having appeared before it—
Whether Standard Rent binding on tenant for purposes of suit.

■(Appeal from the decision of H.M. High. Court of Tanganyika—Mahon, J.)
Failure to keep books of Accounts—Tanganyika Defence (Control of Prices)
. (Consolidation) Regulations, 1946, reg. 6 (1) Defence Regulations, 1939, reg. 1.
The appellant was convicted of failing to keep books of accounts contra to
the Defence (Control of Prices) (Consolidation) Regulations, 1946, 6 (1). On appeal
to the High Court of Tanganyika the fine imposed by -the Subordinate Court was
reduced but the conviction was sustained.

(Appeal from the decision of H.M. Supreme Court of Kenya—Sir Barclay

Nihill, C.J., and Modera, J.)

Sections 262 and 263 (2), Penal Code—Special owner—General owner—Lost
property.

(Appeal from the decision of H.M. Supreme Court of Kenya—Modera, J.,

and Connell, Ag. J.)

Section 208, C.P.C.—No case to answer—Counselling and procuring commission
of an offence—Whether amendment of charge necessary.

Attachment before judgment—Civil Procedure Rules, Order 38, rule 1 (a).

(Appeal from decision of H.M. Supreme Court of Kenya—Thacker, Acting Chief

Justice, and Bourke, J.)

Kenya Cr. P.C. sections 218-225—Special provisions relating to the trial of
Europeans. European’s right to insist on being dealt with by the ordinary
procedure of the subordinate Court.

(Appeal from decision of H.M. Supreme Court of Kenya—Thacker, J.)
Application to join party by plaintiff after defence closed—Refusal by trial
Judge—Judicial discretion—Costs—Plaintiff not aggrieved by order under
Rule 44 Supreme Court Rules.

' Assessment of standard rent of several dwellings all part of one premises—
Assessment of and apportionment of rent in respect of each dwelling.

(Appeal from the decision of H.M. High Court of Tanganyika—Miles, Ag. J.)
Criminal procedure—Method of comparing footprints—Method of proving plan..

(Appeal from decision of H.M. High Court of Tanganyika—Knight, J.)
Murder—Accused’s exculpatory statement to police officer—Admissibility. Reading
deposition of medical witness at trial—Section 276 Tanganyika Criminal
Procedure Code.

(Appeal from the decision of H.M. High Court of Uganda—Low, J.)

(Appeal from decision of H.M. High Court of Tanganyika—Clifford Knight, J.)

(Appeal from decision of H.M. High Court of Uganda—Pearson & Ainley, JJ.)
Price Control—Sales on credit—Invoices attached to statement of a/c—Ten per
cent surcharge on monthly account as buyer not a registered customer—
Whether contra to Defence (Control of Prices and Distribution) Regulations,
1943, regulations 11 (1) and 16.

(Appeal from decision of H.M. Supreme Court of Kenya (Appellate Side)—

Connell, J.)

Conviction for affray—Subsequent charge—Assault causing actual bodily harm—
Autrefois convict. Criminal Procedure sections 139 and 135.

(Appeal from decision of H.M. High Court of Tanganyika—Clifford Knight, J.)
Murder—Killing in self-defence—Responsibility determined by principles of
English law.

(Appeal from decision of H.M. High Court of Uganda (Kampala)—G. C. Low, J.)
Appear against revisional order of Uganda High Court, section 348 (7) Uganda
Criminal Procedure Code, 1950—Effect of section 303 Criminal Procedure
Code on section 29 (4) Arms and Ammunition Ordinance.

(Appeal from decision of H.M. High Court of Tanganyika—Mahon, J.)
Murder—Provocation—Responsibility determined by principles of English law.

(Appeal from decision of His Britannic Majesty’s High Court for Zanzibar—

Sir John Gray, C.J.)

(Appeal from decision of H.M. Supreme Court of Kenya—Sir Barclay Nihill, C.J.,

and Modera, J.)

Diseases of Animals Ordinance (Cap. 213)—Whether breach of rules an offence—
Section 15 Interpretation and General Clauses Ordinance.

(Appeal from decision of H.M. Supreme Court of Kenya (Appellate Side)—

Thacker and Modera, JJ.)

The two appellants were convicted in the Resident Magistrate’s Court at
Nyeri firstly of obstructing the police in the execution of their duty and secondly
। with aiding a prisoner to escape from the custody of the police contra section 119
Penal Code.

(Appeal from the decision of H.M. High Court of Tanganyika—Mahon, J.)
Criminal Law—Murder—Evidence of child of tender years—Corroboration—
Discrepancies between evidence of child and corroborating witnesses not dealt
with by trial Judge—Discrepancies between depositions and evidence at trial
not called to Judge’s attention—Demeanour of witnesses—Section 32 (1)
Indian Evidence, 1872—Inadmissibility of evidence of alleged statement by
deceased.

(Appeal from the decision of H.M. High Court of Tanganyika—Knight, J.)
Criminal law—Evidence—Indian Evidence Act, 1872, section 119—Admissibility
of evidence of deaf mute—Discretion of trial Judge.

(Appeal from decision of H.M. High Court of Tanganyika—Knight, J.)
Murder—Committal proceedings—Accused elected to make a statement—
Difference between this and giving evidence, on oath.

(Appeal from the decision of H.M. Supreme Court of Kenya—De Lestang, J.)
'Bank—Liquidation—Date when sum paid becomes property of Bank.

(Appeal from decision of H.M-. High Court of Tanganyika—Mahon, J.)
Tanganyika Sale of Goods Ordinance Section 37 and Section 6. Acceptance—
Breach of contract—Date of breach—Assessment of damages.

(Appeal from decision of H.M. High Court of Tanganyika-Sinclair, Ag. C.J.)
Conviction by Subordinate Court of theft by Public Servant—On appeal set aside
and conviction of stealing substituted—Tanganyika Criminal Procedure Code,
section 319 (1) (a) (i) and (ii)—Also “fraudulent”—Section 258 (1) Penal Code.

(Appeal from the decision of H.M. Supreme Court of Kenya-—Thacker, J.)
Right of Judge to question witness—Increase of Rent Ordinance—Exemplary
damages against trespasser.

(Appeal from the decision of H.M. Supreme Court of Kenya—Modera, J.)
Illegality of contract—When it may be raised—Must be proved conclusively—
Defence (Sale and Purchase of Motor Vehicles) Regulations, 1945,

(Appeal from the decision of H.M. Supreme Court of Kenya—De Lestang, J.)
Entire contract—Failure to perform stipulation—Whether completion according
to contract a condition precedent to right to any payment.