East African Court of Appeal

Mohammedan Law — Divorce — Jurisdiction — Evidence — Kenya Colony Order-in Council, 1921, Article 4 (1) (2) — Jurisdiction conferred upon Supreme Court —Negative effect of Article in case of personal law — Indian Evidence Act, 1872, sections 2, 38, 48, 49, 51, 56, 57 and 60 — Status of personal law — Whether part of general law of Colony—Whether Supreme Court required to take judicial notice of personal law — How proved— Status of personal law embodied in authoritative case law — Effect of decisions of Indian Courts — Standard of proof of personal law in matrimonial cause — Mohammedan Marriage, Divorce and Succession Ordinance, Cap. 148 — Whether Mohammedan rules of evidence applied by section 3 — Section 3, onus of proof of personal law in a matrimonial cause.

Taxation — Rules of Court, Part XIV, rule 7 (1) — Objection to decision of taxing officer — High Instruction fee — Principles upon which Court will interfere with decision as to quantum — Whether taxing officer had manifestly acted upon wrong principles.

Claim for delivery-up of Shares — Detinue — Conversion — Whether demand required where claim though in detinue is based on a conversion — Posting of letter — Presumption as to dispatch and delivery of letter — Letter not properly addressed — Position of infant transferee of property — Shares bought in name of person other than purchaser — Equity — Presumption of resulting trust — Whether order for rectification of company’s register and for delivery-up of share certificate may be made where registered owner is not party to the proceedings in which order purported to be made.

Defamation -  Libe - l Letter as to dismissal of employee published on day of his dismissal.
 

Appeal — Appeal to Privy Council — Conditional and final leave to appeal — 
Conditions — Procedure — East African (Appeal to Privy Council) Order in Council, 1951, section 5 (b) and 6.

Landlord and tenant — Landlord and Tenant (Shops and Hotels) (Temporary Provisions) Ordinance, 1954 — Section 11 (1) — lnterpretation of  "reasonable" Discretion of magistrate to order period of new tenancy — Whether service to public a relevant factor — Object of Ordinance—Whether normal period of new tenancy intended to be two years — Section 13 (1) — Appeal limited to question of law — Appellate Court can interfere only where no evidence to support, funding.

Transfer of part of business — Liability of transferee where notice of transfer incomplete — Claim against two defendants — Form of judgment — Fraudulent Transfer of Businesses Ordinance, section 3.

Income Tax — Company — Questioning of company directors’ remuneration — Derivation of directors’ remuneration — Agreement to pay person share of company’s profits — Whether company expense — Source of company’s income— Source of income of company’s employees — Income Tax (Consolidation) Ordinance, sections 7 and 13.

Company — Income Tax — Controlling interest in company — “Members of the public” — Companies Ordinance, section 21.

Arson — Unlawfulness —Penal Code; section 327— Resident Labourers Ordinance, section 18 — Sentence — Accused not ordinary criminal or incendiarist.

Hindus — Hindu law — Joint Hindu property — Joint Hindu families in Tanganyika  — Recognition of personal religious law — Standard of proof required in respect of issues as to joint Hindu families — Tanganyika Order-in-Council, section 17 (2) —Trusteeship Agreement, 1946 — Marriage, Divorce and Succession (Non-Christian Asiatics) Ordinance, Chapter 112, section 6.

Civil Procedure and Practice—Civil Procedure (Revised) Rules, 1948—Order 23,
rules 1 and 4 (3) and rule 8 (1) (2)—Death of appellant—Whether appeal
abated by operation of law or requires oider of Court—Appellant non-suited
by Rent Control Board—Whether suit abated—Costs.

Landlord and tenant—Increase of Rent (Restriction) Ordinance, 1949—Section 4
—Jurisdiction of Board, quorum—Change in composition of Board during
hearing—Whether causing cx lege loss of jurisdiction or failure in natural
justice—Or merely an irregularity resulting in neither.

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

(Appeals from the decisions of H.M. Supreme Court of Kenya, Connell, J.)
Marine Insurance—Total loss of goods by absolute total loss of vessel—Burden
of proof that vessel is an absolute total loss—Actual and constructive loss—
Salvage—Notice of abandonment—Perils of the sea.

(Appeal from the decision of H.M. High Court of Tanganyika, Mahon, J.)
Income Tax—Appeal—Income Tax (Consolidation) Ordinance, 1950, section 21-

(Appeal from the decision of H.M. Supreme Court of Kenya, Rudd, J.)

African Affairs—Credit to Natives (Control) Ordinance, 1948—Whether proviso
to section 2 (1) applies to paragraphs (a) and (b)—African trading under own
name but with addition—Registration of Business Names Ordinance, 1951,
section 4 (b)—Whether business name requires to be registered—Credit in
excess of Sh. 200—Whether suit could be maintained.

Company Law-Civil Procedure and Practice-Civil Procedure (Revised) Rules, 1948-Order 3, rule 1-Whether limited company can institute a suit in Supreme Court by professionally unqualified agent-Whether company can so act by "recognized agent"-English procedure in High and County Courts compared.

(Appeal from the decision of H.H. the Sultan’s High Court of Zanzibar,

Green, Ag. J.)'

Registration of Documents Decree, sections 4 & 6—Transfer of Property Decree,
sections 109, 110 and 116—Indian Evidence Act, section 91—Gift of land
by Mohammedan wife to husband—Admission in evidence of documents
evidencing such gift.

Divorce—International Private Law—Reciprocity--Civil Procedure and Practice-
Judgments Extension Ordinance, Cap. 14—Decree of divorce with costs-
Application to transfer decree for execution in Tanganyika—Whether order

• for costs amounts to a decree—Whether transfer competent—Judgments.
Extension Ordinance, Cap. 7, Laws of Tanganyika—Administration of Justice
Act. Part II, 1920—Costs.

Civil Procedure and -Practice-Civil Procedure (Revised) Rules, 1948-Order 50, rule 7-Summons in Chambers supported by affidavit on information and belief-Order 18, rule 3 (1)-Affidavit by advocate stating grounds for belief supplied by client-Order 18, rule 1-Circumstances in which Court would order additional affidavit by client-Costs.

Contract-Debt-Discharge-Indian Contract Act, section 63-Agreement in full settlement of debt with acceptance of negotiable instruments-Dishonour of post-dated cheque given with agreement-Suit on original consideration Whether agreement operated as discharge and right of action on debt
discharged.

(Appeal from the decision of H.M. Supreme Court of Kenya, Cram, Ag. J.)
Plaint—Amendment—Plaintiff suing in firm name and amending into own name

—Whether change of parties—When appeal court will interfere with the-
trial Judge’s discretion as to allowing amendment to pleadings—Civil Pro-
cedure (Revised) Rules, Order 1 rule 10, Order 6 rules 17, 19 and 21, and.

Order 29 rule 1.

(Appeal from the decision of’H.M. Supreme Court of Kenya sitting in Emergency

Assize, Rodwell, Ag. J.)

Murder—Whether time of murder is an essential ingredient of offence—Rule in
Ri v. Dossi—Penal Code, section 210.

Civil Procedure and Practice-Civil Procedure (Revised) Rules, 1948-order 41, rule 4 (1)-Application for stay of execution pending appeal-Special cause-Poverty of successful plaintiffs-Whether sufficient cause-Defendant without substantial asset-Payment of principal sum into Court ordered failing acceptable security-Payment of taxed costs-Undertaking by advocate to repay-Costs of the application-General rule-Discretion of Court-When rule departed from-English practice-Interest on principal sum and costs-How dealt with-Civil Procedure Ordinance, Cap. 5, section
91 (1)

(Appeal from the decision of H.B.M. Hight Court of Zanzibar, Robinson, C.J.)

Appeal—Abatement—Landlord and tenant—Increase of Rent (Restriction)
Ordinance, 1949—Section 2 (1)—Civil Procedure (Revised) Rules, 1948, Order
23, rules 1, 3 and 10—Absolute order by Rent Control Board against
statutory occupier—Stay of execution pending appeal—Application of
administrator of deceased appellant to be made a party—Whether cause of
action survived—Whether widow had a statutory but not a succession right to
continue with appeal.

Advocates-Remuneration of-Advocates Ordinance, 1949-Work done for client in divorce-Petition not filed-Whether contentious business-Section 59--Endorsement by client on bill-Agreement signed by client but not by advocate, whether valid---Whether amounting to an agreement to pay costs Application for an order to tax-Whether taxation and delivery of bill ousted by section 63, Rules of Court, Part XIV-Whether rule 10 affected in case of agreement-Section 61--Sole procedure available to have agreement examined and allowed by taxing officer-Solicitors Act, 1932, in pari materia compared.

Alimony—Enforcement—) urisdiction—'Colonial and Other Territories (Divorce
Jurisdiction) Acts, 1926 to 1950—Indian and Coloni1 Divorce Jurisdiction
acts, 1926 and 1940—Uganda Divorce Jurisdiction Ojder-in-Council, 1953-
• Kenya Divorce Order-in-Council, 1928—Uganda (Non-Domiciled Parties)
• Divorce Rules, 1953—Order for permanent alimony obtained in court of
residence, Uganda—Order registered in English court of domicile—Cesser of
petitioner's residence in Uganda—Respondent alleging domicile of choice
• in Kenya—Maintenance Orders Enforcement Ordinance, Cap. 16, section 3
—Order registered in Kenya for enforcement—Whether respondent entitled
to show cause against registration of order—Procedure—Whether Kenya
court power to vary order—Inherent jurisdiction—Whether Kenya court
jurisdiction to suspend or restrict order pending recourse to courts of
domicile—Costs.

Appeal to Privy Council Application to appeal as of right and with leave of the
Court of Appeal—East African (Appeal to Privy Council) Order, in Council,
1951, section 3 (a) and (b) Advocate.

(Appeal from the decision of H.M. Supreme Court of Kenya, Paget Bourke and

Connell, J.J.)

(Appeal from the decision of H.M. Supreme Court of Kenya, Paget Bourke, J.)
Firearms Ordinance, section 4 (1)—Evidence—Burden of proof as to possession
of firearm certificate—“Especially”—Indian Evidence Act, section 105 (1)
as amended by Evidence Act (Amendment) Ordinance, 1936.

Jurisdiction—Proper foru,n—Civil Procedure and Practice—Civil Procedure
Ordinance, Cap. 5, section 12—Courts Ordinance, Cap. 3, section 17—Suit
to recover possession of land and arrears of rent by landlord—Whether
"value of the subject-n7atter in dispute" to be interpreted from viewpoint
of plaintiff-landlord or of defendant-tenant—Necessity to state value on the
plaint of the unsatisfied claim.

(Appeal from the decision of H.M. High Court of Tanganyika,-Abernethy, J.)
Obtaining goods’, viz. Bills’ of Lading, by false pretence—Seller’s lien—Penal Code,
section ’ 302.

(Appeal from the decision of H.M. High Court of Tanganyika, Mahon, J.)

Status—Marriage—Divorce—Asiatics—Recognition of personal religious custom-
ary law of marriage and divorce of non-Christians—Marriage, Divorce,' and

Succession (Non-Christian Asiatics) Ordinance, Cap. 112, sections 2 and
3—Marriage, Divorce and Succession (Non-Christian Asiatics) (Amendment)
Ordinance, 1947-1949, section 2—Effect of said section 2 on Cap. 112,
section 3 aforesaid—Marriage Ordinance, Cap. 109—Divorce Ordinance,
Cap. 110—Domicil—Acquisition of husband’s domicil by Muslim wife
• upon marriage.

(Appeal from H.M. High Court of Tanganyika, Harbord, J.)
Landlord and Tenant Rent Restriction Building lease Whether rent restriction
legislation applies to building erected by lessee under a building lease
Considerations where tenancy agreement contemplates no specific user Rent
Restriction Ordinance, 1951 (as amended by Rent Restriction (Amendment)
Ordinance, 1954), sections 1 (2), 2 (1), 2a and 32 (3).

(Appeal from the decision of H.H. The Sultan of Zanzibar’s High Court for

Zanzibar—Robinson, C.J.)

(Appeal from the decision of H.M. Supreme Court of Kenya sitting in Emergency

Assize, Law, Ag. J.)

(Appeal from the decision of HJM. Supreme Court of Kenya sitting in Emergency

Assize, Goudie, Ag. J.)

Matrimonial Causes Ordinance—Restitution of Conjugal Rights—Hindu
Marriage—Polygamous Marriage—Kenya Order in Council, 1921-
Jurisdiction.

(Appeal from the decision of H.M. High Court of Tanganyika, Sir Herbert

Cox, C.J.)

(Appeal from a decision of H.M. Court of Appeal for Eastern Africa dismissing
an appeal from a conviction by an Emergency Court of Assize of Kenya.)
Evidence Test of admissibility Whether court concerned with method by which
evidence obtained Judicial Notice of location of towns and villages within

the jurisdiction Discretion of court as to disallowance of evidence operat-
ing unfairly against accused.

(Appeal from decision of H.M. High Court of Tanganyika, Crawshaw, J.)

Indian Evidence Act, section 114 (g)—Presumption—Doctrine of recent pos-
session—“Onus”—Functions of first appellate Judge—Dispute as to cred-
ibility of witnesses and relevant facts.

(Appeal from the decision of H.M. Supreme Court of Kenya, Sir Kenneth

O’Connor, C.J., and Paget Bourke, J.)

Same facts founding convictions on two counts—Penal Code, sections 21 and
392.