East African Court of Appeal

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

and de Lestang, J.J.)

European Right to be tried as European Plea Appeal against magistrate’s
refusal to allow retraction of plea of guilty Jurisdiction of magistrate to try
European Criminal Procedure Code, Part VII, sections 218, 219, 221 224,
348 (1) and 363.

Review-Civil Procedure Ordinance, Cap. 5, section 80-Civil Procedure (Revised) Rules, 1948, Order 44, rule 1-Judgment without decree-Whether procedure by review competent-Appeal preferred by respondent-Whether applicant barred from remedy by review-Limitation-Indian Limitation Act, 1877." section 162-Period of limitation runs from decree-No decree extant-Whether review time-barred-Delay in application-Discretion of Court-Whether Court can interfere by review with consent judgment
because of error by advocate.

{Appeal from the decision of H.M. Supreme Court of Kenya, de Lestang, J., and

Harley, Ag. J.)

Immigration—Whether permission to enter Colony to be in writing—Effect on
permission to enter Colony given in consequence of innocent representation—
Immigration (Control) Ordinance, Cap. 51—Defence (Admission of Women
and Children) Regulations, 1940—Immigration Restriction Ordinance (Cap.
62), 1926 Edition of Laws as amended by Ordinance No. 20 of 1930.

(Appeal from the decision of H.M. Supreme Court of Kenya, de Lestang, J., and:
Harley, Ag. J.) .
Prerogative writ—Habeas Corpus—Jurisdiction of Supreme Court to entertain
applications for prerogative writs on its civil side—Stare decisis—Liberty
of the subject.

Arbitration—Jurisdiction--Civil Procedure (Revised) Rules. 1948, Order 45, ru1es
3 (2) and 13—Reference of "costs of the suit" to arbitration—Award 'i1ent
as to Court costs—Interpretation of "costs of the arbitration" and "costs of
the reference"—Application to Court for an order for costs of the suit--
Whether Court funcus officio or competent to order costs—Indian Civil.
Procedure Code, 1908, Second Schedule, compared.

Application for leave to appeal to Privy Council Application made out of time
Application for leave to appeal to Privy Council from order of Judge in
Chambers Eastern African (Appeal to Privy Council) Order-in-Council,
1951, sections 3 (6) and 4 Eastern African Court of Appeal Rules, 1954,
rule 73 (4).

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

(Appeal from the decision of H.M. Supreme Court of Kenya, Mayers, J.)
Appeal Memorandum of appeal containing scandalous and vexatious matter
Failure of appellant to observe Rules of the Court of Appeal governing
appeals.

(Appeal from the decision of H.M. Supreme Court of Kenya, de Lestang, J.)
Contract—Void contract—Mistake—Impossibility—Payment of compensation—
Indian Contract Act, sections 20 and 56, paragraphs 1 and 3.­

Divorce—International Private Law—Reciprocity—Civil Procedure and Practice
—Judgments Extension Ordinance, Cap. 14—Matrimonial Causes Ordinance,
Cp. 145—Application to transfer for execution decree of divorce with order
for costs to Uganda Protectorate—Whether reciprocal provision—Order for
costs—How enforceable—Costs.

(Appeal from the decision of H.M. Supreme Court of Kenya—Windham, J.)
Negligence—Suit filed by advocates out of time—Indian Contract Act, Section
194—Appeal by joint plaintiffs—Damages—Re-assessment by Court of
Appeal.

International Private Law—Jurisdiction--Contract—Sale of piece of land in India
—Contract of sale made and parties resident in Kenya—Seller in receipt of
price in Kenya—Alleged failure by seller to give possession—Claim for
return of purchase money—Whether jurisdiction conferred by sections 12 to
iS of Civil Procedure Ordinance, Cap. 5—Or by Kenya Order in Council,

1921, Article 4 (2)—Recourse to English law applicable to Colony-
Circumstances in which Kenya Court will assume jurisdiction.

(Appeal from the decision of H.M. Supreme Court of Kenya, Paget Bourke, J.)
Bailiff—Chattels mortgage—Sale by Court bailiff of goods seized in execution
which are subject of chattels mortgage—Whether purchaser from bailiff

obtains clear title to goods—Chattels Transfer Ordinance, section 4—Bank-
ruptcy Ordinance, section 45 (3).

(Appeal from a decision of H.M. Court of Appeal for Eastern Africa affirming:

a judgment of the Supreme Court of Kenya, on a case stated under the pro-
visions of the Civil Procedure (Revised) Rules, 1948, order 34, rule 1 (a)

and (6).)

(Appeal from a decision of H.M. Court of Appeal for Eastern Africa affirming
a decision of H.M. Supreme Court of Kenya) .
Landlord and Tenant—Rent Restriction—“Mixed” premises—Premises used both
for residential and business purposes—Whether “double” protection—Test
as to dominant user—Alternative accommodation required for possession of

“mixed” premises—Rooms in owner,occupier’s factory used as living.accom-
modation—Whether “Dwelling-house”—Increase of Rent and Mortgage

Interest (Restrictions) Ordinance, 1940, sections 2, 11 (1) (d) and 11 (2)—
Estoppel—Creation by letter.

Appeal —Time — Prejudice — Eastern African Court of Appeal Rules, 1925, rule 9.

International Private Law-Jurisdiction-Contract-Sale of piece of land in India -Contract of sale made and parties resident in Kenya Seller in receipt of price in Kenya-Alleged failure by seller to give possession-Claim for return of purchase money-Whether jurisdiction conferred by sections 12 to 15 of Civil Procedure Ordinance, Cap. 5-0r by Kenya Order in Council, 1921, Article 4 (2)-Recourse to English law applicable to Colony Circumstances in which Kenya Court will assume jurisdiction.

(Appeal from the decision of H.M. Supreme Court of Kenya, Harley, Ag. J.)
Appeal—Filing of memorandum of appeal in District Registry—Date of Filing—
Civil Procedure (Revised) Rules, 1948, Order XLVI, rule 9.

(Appeal from the decision of H.M. High Court of Uganda, Low, J.)
Garnishee proceedings—Judgment entered instead of order nisi being made

■ absolute—Appeal from decree upon such judgment—Estoppel—Civil Pro-
cedure Rules, Orders XX, rules 1 and 4 and XXXIX rules 3 and 17 and

Appendix D form 16—Necessary parties to the appeal proceedings.

Divorce—Desertion—Defended cause—Matrimonial Causes Ordinance, Cap. 145,
section 9—Standard of proof—Burden of proof—Presumptions and public
policy affecting burden—Whether corroboration necessary—Un rdspñab1e
delay—Whether discretionary bar operates in desertion—Petitioner's adaltery
—Discretion of Court.

(Appeal from the decision of H.H. the Sultan’s High Court of Zanzibar, Greene,
Ag. J.) . ... .V . Wakf—Land—Adverse possession—Effect of non-registration .of. agreement for
sale of land—Registration of Documents Decree (Cap. Ill), section 4, as
amended by Decree No. 10 of 1944—Transfer of Property Decree, section
54—Wakf Property Decree (Cap. 34), section 16—Damages—Burden of
proof—When in issue.

(Appeals from the decision of H.B.M. High Court of Zanzibar, Robinson, C.J.)
Appeal—Principles on which first appellate court acts before reversing trial court
—Second appeal where suggestion of misdirection in first appellate court and
where first appellate court reverses trial court’s decision—Whether appellate
court may act on explanation of facts denied by accused—“Omission to
enter material particulars” in charge of fraudulent false accounting—Penal
Decree, section 315 (c).

(Appeal from the decision of H.M. Court of Appeal for Eastern Africa allowing
an appeal from a decision of H.B.M. High Court for Zanzibar)

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

Assize, Law, Ag. J.)

Consorting—Armed Mau Mau gang—Emergency Regulations, 1952, regulations
8c (1), 8c (2), 8e (2) and 8f (3).

(Appeal from the decision of H.M. Supreme Court of Kenya, Holmes, J.)
Landlord and Tenant—Structural repairs—Statutory Tenant—Whether statutory
tenant can be liable for structural repairs—Increase of Rent (Restriction)
Ordinance, sections 23 (1) and 28.

(Appeal from the decision of H.M. High Court of Tanganyika, Tacey, Ag. J.)
Confession—Repudiated confession—When corroboration required for—Addresses.

(Appeal from the decision of H.M. High Court of Uganda, Lewis, J.)
Landlord and Tenant—Rent Restriction Ordinance, 1949 (Cap. 115), section 6(1)
(I)—Scheme for redevelopment—Whether said sub-section requires landlord
to be in possession of an approved scheme before notice given thereunder.

(Appeal from the decision of H.M. Supreme Court of Kenya, Windham, J.)
Agency—Confirming House—Duties of agent—“Sale of goods—Late delivery of
goods—Supply of greater quantity than contracted for.

(Application for leave to file security bond out of time in respect of appeal from

decision of H.M . High Court of Zanzibar, Gray, C.J.)

Appeal to Privy Council—Failure to comply with conditions of conditional order
giving leave to appeal—Whether Court of Appeal has discretion to allow
appeal to go on—East African (Appeal to Privy Council) Order in Council,
1951, section 5 (a).

(Appeal from the decision of H.M. Supreme Court of Kenya, Cram, Ag. J.) -
Murder Accessory after the fact to murder Whether person accused of murder
may be convicted of being an accessory after the fact thereto Judgment
Whether delivery of judgment an integral part of trial Delivery of part of
judgment in closed court Impeding of defence by trial Judge Right of
trial Judge to put questions Criminal Procedure Code, sections 77 and
168 (1).

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

Assize, de -Lestang,.J.)

Common intention—Section 23, Penal .Code—Requirement for. application of'
section,

Landlord and Tenant—Lease—Breach of Covenant—Forfeiture—Suit for possession—Election to determine tenancy—Service of writ—Determination of tenancy—Transfer of lessor's interest—Right to enforce forfeiture by - transferee—Transferee's right to possession—Indian Transfer of Property Act, 1882, section 109, 111 (g).

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

(Appeal from the decision of H.M. High Court of Somaliland, Robertshaw, Ag. J.)
'■Evidence—Indian:Penal Code,isection -300,.'exception 4—Depositions admitted

Immigration (Control) Ordinance (Cap. 51), section 6 — Prohibition of entry into Colony without entry permit or pass — Immigration (Control) (Exemption) Regulations — Regulation 3 (1) (e) — Application by wife for exemption for husband — Regulation 3 (5) — Whether wife "person aggrieved" and enitled to appeal.

Habeas Corpus — Immigration Control Ordinance, section 5 (1) (I,), 9 — Defence (Admission of Women and Children) Regulations, 1940. Regulation 3 (c) - Prohibited Jnimigrant — Deportation Order — Whether adopted child a "child for purposes of the Regulations — Immigration officer, revocability of decisions by —Affidavits must state source of information and belief.

Civil Procedure and Practice — Civil Procedure Ordinance, section 94 — Judgment entered on application under Order 35, rule 2 but before decree passed Submission in Court for an order to execute for the principal sum before ascertainment of costs — Whether submission competent — Order 21, rule 7 (2) — Whether application should be after passing the decree and in writing — Costs — Indian and English Procedure compared.

Civil Procedure and Practice — Civil Procedure Ordinance — Section Il — Competency of Transfer of suit by First Class Magistrate to Court of Liwali —Inherent jurisdiction of Liwali —Whether assumption of jurisdiction irregular — Section 16 — Whether applicable on appeal — Minor success — Costs — Kenya and Indian Procedure compared.

Criminal Procedure and Practice — Substitution of "X" for person named in particulars of charge — Whether prejudice to accused — Penal Code section 93 (2) — Official Corruption — Bribe tendered to police officer to withdraw charge Officer without legal capacity to quash charge — Whether offence committed — Sentence — Bribery by court clerk — Whether sentence excessive.

Criminal Procedure and Practice — Criminal Procedure Code, section 348 (2) —  Restriction on right of appeal to fine of Sh. 100 only — Whether order for costs is a penalty forming part of sentence for purpose of appeal.

Civil Procedure and Practice — Order I, rule 18, Summons for Third Party directions — Application by defendant to join third party as co-defendant —  Whether competent — Effect of section I (2) — Civil Procedure Ordinance — Whether recourse may be had to Order XVI A Rules of the Supreme Court, England.

Matrimonial Causes Ordinance (Cap. 145) — Section 9 — Divorce — Standard of Proof — Undefended Cause — Respondent served — Failure to appear — How far probative of guilt — Degree to which silence should be tken against respondent.

Criminal Law — Nairobi Municipality (General) By-laws, 1948 — By-law 314  —  Unlawful use of a building as a lodging house without licence — Whether occupants tenants or merely lodgers — Question of fact —Tests applied.

Company Law — Civil Procedure and Practice — Civil Procedure (Revised) Rules, 1948 — Order 9, rule 14 — Suit dismissed for want of appearance — Order 9, rule 15 — Application by plaintiff company for an order to have dismissal set aside — Intention to appear at hearing by "manager" — "Manager" per incuriam attending at wrong court — Whether limited company can appear by "manager" — Whether sufficient cause.