East African Court of Appeal

Criminal Law-Native Authority Ordinance (Cap. 97)-Section 24 (Repealed by Ordinance 12 of 1950)-Resolution No 1/39 of African District Council empowering headman to give orders on advice of an agricultural officer Headman giving order without advice Whether order enforceable.

Landlord and tenant-Increase of Rent (Restriction) Ordinance, 1949-Section 16 (1) (1)-Head tenant subletting to subtenant Subtenant walking out-Landlord entering into occupation-Whether "parting with possession"Whether subtenant still in occupation of premises-Whether head tenant entitled to order for possession against landlord.

Criminal , Law-Traffic Ordinance (Cap. 232)-Conviction for offence under section 19 (1)-Suspension of certificate of competency--Discretion of Court -Whether accused should be given opportunity to show cause-Whether Appeal Court can take into account facts not brought to notice of Trial Court.

Advocates Ordinance, 1949—Disciplinary proceedings against advocate—Section 9 (1) (b)—Application to strike name off Roll of Advocates—Hearing by Advocates' Committee—Report laid before Court for consideration—Section - S—Requirement to prepare new Roll of Advocates—Section 6—Failure of Registrar to prepare new Roll—Whether provisions imperative or directoryWhether failure resulted in absence of jurisdiction of Committee and Court and nullity of proceedings.

Civil Procedure and Practice—Civil Procedure (Revised) Rules, 1948—Order 6,
rule 19—Amendment to name of defendant—Application by plaintiffs to
amend name of defendant after service—Whether in good faith—Whether
justice of suit required amendment.

Criminal Procedure-Criminal Procedure Code-Section 45 (g) Magistrate requiring a person to show cause why a bond should not be executed Information not on oath-Whether proceedings a nullity-Effect of section 58 Criminal Procedure Code-No period fixed during which security might be found-Section 52 (3) Criminal Procedure Code considered, Whether evidence other than that of mere repute ought to be given.

Criminal Law – Penal Code, Section 273 – Stolen Stock – Proof of Possession – Whether Facts Amounted to Recent Possession

Civil Procedure and Practice-Civil Procedure (Revised) Rules, 1948 - Order 44 rule 1 (1)-Application for Review-Error on face of record-Judgment pronounced after death of party-Representative not joined-Whether judgment a nullity-Declaratory judgment-Whether severable and valid against surviving respondents-Costs.

Bills of Exchange Ordinance (Cap. 291), section 87 (2)-Delay of 18 months in presentment of promissory notes-Whether reasonable-Section 50 (2) (d) (ii) read with section 90 Presentment to endorser admitted-Whether notice of dishonour necessary.

Bills of Exchange Ordinance (Cap. 291), section 87 (2)—Delay of 18 months in
presentment of promissory notes—Whether reasonable—Section 50 (2) (d) (ii)
read with section 90—Presentment to endorser admitted—Whether notice of
dishonour necessary.

Criminal Law-Section 150, Criminal Procedure Code, Power of Court to call for and examine a witness-Calling witness by the Court after defence has been closed-Not ex improviso-Whether injustice to accused.

Criminal Law—Indian Evidence Act, section 133—Conviction on uncorroborated
evidence of accomplices—Whether exceptional circumstances—Penal Code
section 71 (a)—Reing a member of the Mau Mai.i unlawful society—Section
.72 (3). presumption of membership.

Criminal Law-Indian Evidence Act. section 133-Conviction on uncorroborated evidence of accomplices-Whether exceptional circumstances-Penal Code section 71 (a)-Being a member of the Mau Mau unlawful society-Section.72 (3). presumption of membership.

Criminal Procedure-Section 197, Criminal Procedure Code-Failure to comply Whether material on record on which Appellate Court can properly exercise its judgment-Whether defect curable under section 381, Criminal Procedure Code, where no failure of justice.

Increase of Rent (Restriction) (Enforcement of Determinations. and Orders of the Board and Appeals from the Board's Determinations and Orders to the Supreme Court) Rules of Court, 1950-Rule 6-Date of Order for purposes of appeal defined.

Criminal Law-Penal Code-Section 345-Forgery-Section 349-Uttering Section 353 (1) Signing a document in name of another-lntent to defraud or deceive-Lie reduced to writing not forgery.

Criminal Law-East African Income Tax (Management) Act, 1952 Section 89 (b)-Failing to attend upon Commissioner of Income Tax in answer to a notice issued under section 61 (1)-Notice in conditional and not in express and unambiguous terms-Whether taxpayer punishable.

Criminal Law—East African Income Tax (Management) Act, 1952—Section 89
(b)—Failing to attend upon Commissioner of Income Tax in answer to a
notice issued under section 61 (1)—Notice in conditional and not in express
and unambiguous terms—Whether taxpayer punishable.

Criminal Law-Traffic Ordinance (Cap. 232)-Use of car under authority of general identification mark-"Trade plate"-"Perfecting efficiency" of "demonstration car"-"Running-in"--Car used for visit to cinema-Whether breach of rule 10 (3) Traffic Rules, 1929.

Customs and Excise-Customs Management Ordinance (Cap. 261), section 216 (b) -Motor-car entering Uganda on carnet de passage from Belgian Congo and then into Kenya-Control of Imports Order, 1941, regulation 2-Car imported without import licence into Kenya-Importation of goods from a "foreign port" via Uganda-Whether import licence necessary-Whether car lawfully seized-Smuggling contrary to section 216 (a) originally alleged Whether estoppel from maintaining seizure under section 216 (b).

Criminal procedure and practice-Criminal ·Procedure Code, section 350-Petition· of Appeal-Advocate addressing letter to the Registrar conveying intention of arguing grounds of appeal not raised in petition-Alleged practice-Whether competent-Motion by appellant to amend petition by addition of further grounds of appeal-Discretion of Appellate Court-Circumstances which may move Court to exercise or refuse discretion.

Criminal Law-Police Ordinance, 1948, section 32 (a)-Convening an unlawful assembly-Section 30 (2)-Definition of "place of public resort"-Relevance of English case law-Whether place must be one of public resort before invitations issued.

Criminal Law-Penal Code, section 77-Unlawful assembly-Whether common purpose proved-Section 394-Conspiracy to commit felony--Whether intent proved-Section 303 (b)-Found armed at night with intent to break and enter a building-Whether general or particular intent necessary-Section 28 (1) Larceny Act, 1916, compared-Section 303 (c)-Found in possession by night of an instrument of housebreaking-Section 28 (2), Larceny Act, 1916, compared-Whether proof of particular intent necessary-Common purpose of housebreaking-Whether possession of one, possession of all---Common possession-Section 334 (1)--Malicious injury to property-Driver wilfully backing lorry info car-Whether passengers had common purpose.

Contract-Sale of Goods Ordinance (Cap. 290)-Section 6 (1)--Oral contract to purchase motor-car-Whether enforceable-Whether a deposit earnest or part-payment.

Criminal Law-Liquor Ordinance (Cap. 266) section 43 (1)-Sale of perfume containing spirit to Africans-:-Whether intoxicating liquor-Plea equivocal-No trial-Section 348 (2) Criminal Procedure Code No jurisdiction to pass sentence without trial.

Contract—Hire-purchase of motor-car—Sale by hirer to dealers with subsequent
sale to customer—Original seller signing transfer of ownership in name of
hirer—Whether holding out—Whether estopped from setting up title.

Contract-Hire-purchase of motor-car-Sale by hirer to dealers with subsequent sale lo customer--Original seller signing transfer of ownership in name of hirer-Whether holding out-Whether estopped from setting up title.

Landlord and tenant-Increase of Rent (Restriction) Ordinance, 1949-Section 2 (1) (a) (ii)-Assessment of standard rent by Board-Expert evidence of market costs of construction rejected-Board fixing lower figure-Whether Board acted unjudicially or erred in Jaw.

Criminal Law-Resident Labourers Ordinance (Cap. 113) section 25-Refusal of resident labourer to obey order-Whether power to convict of criminal offence.

Jurisdiction—African Courts Ordinance, 1951, section 12 (2)(b)—Suit for pay-
ment of price of piece of land and damages for breach of con tract—Wh ether

Supreme Court has jurisdiction to hear claim for damages for breach of
contract to sell land situate within the native lands.

Criminal Law-Traffic Rules, 1929-Rule 40-Failing to keep a motor lorry in good mechanical repair-Whether rule 40 ultra vires power conferred by section 57, Traffic Ordinance (Cap. 232) lnterpretation of Rules.

Civil Procedure and Practice—Civil Procedure (Revised) Rules, 1948—Order 6, rule 19—Amendment to name of defendant -Application by plaintiffs to amend name of defendant after servic —Whether in good faith—Whether justice of suit required amendment.

Penal Code section 319 (2)—Whether prosecution must first prove accused was knowingly in possession before he became liable to give an explanation-
Where defence evidence uncontradicted by prosecution. Court not bound to accept.

Criminal Procedure Code, section 197—Fine in excess of limits of sub-section (4)-Presumption where prescribed form used—Although non-summary forma-
lities complied with.

(Appeal from the decision of H.M. Supreme Court of Kenya, Connell, Ag.J.) Practice—Vesting Order—Rule 17—Rules of Court—(Mortgage suits consolidation) rates—Applicability of section 95, Municipalities Ordinance, and section 29 (1), Local Government (Rating) Ordinance.

Mohammedan law—Custody of minor after parents divorce.

Custody of a daughter was claimed by her mother in the following circum-
stances:

(Appeal from the decision of the Central Rent Control Board, Nairobi)
Landlord and tenant—Increase of Rent (Restriction) Ordinance—Appeal from
Rent Control Board—New points—Whether arguable.

(Appeal from the decision of the First Class Magistrate's Court at Nairobi-
Miss Rugg Gunn)

Civil Procedure—Application for summary judgment—Conflicting defence and
affidavit—Triable issue.

(Appeal from the decision of H.M. Supreme Court of Kenya, de Lestang, J.) Landlord and Tenant—Trespass whetheT of landlord or of tenant who vacated.

(Appeal from the decision of H.M. Supreme Court of Aden—Campbell, J.) Landlord and Tenant—Aden Rent Restriction Ordinance, section 10 (2) (J).

(Appeal from decision of H.M. High Court of Uganda—Low, J.) Storebreaking—Whether conviction of receiving possible—S. 188 (1) Uganda Criminal Procedure Code—Sentencing an accused before calling him for prosecution

(Appeal from the decision of H.M. Supreme Court of Kenya—Connell, I.) Divorce—Desertion—Evidence—Animus deserendi.

(Appeal from decision of H.M. High Court of Tanganyika—Sinclair, J.) Contract—Agency—Principal's failure to supply funds to enable contract to be performed—Whether implied term.

(Appeal from the decision of the Central Rent Control Board, Nairobi)

Landlord and tenant—Effect of section 16 (1) (i) of the Increase of Rent (Restric-
tion) Ordinance, 1949.

(Appeal from decision of H.M. Supreme Court of Kenya—Windham, J.) Landlord and Tenant—New ground of appeal not previously argued—When it: can be taken—Informality of proceedings before Board—Test:

(Appeal from the decision of H.M. Supreme Court of Kenya, Windham, J.) Income Tax—Order, section 24 (1) (a)—Husband claiming deductions in respect of wife wholly maintained but permanently separated.

Immigration Control Ordinance—Section 5 (1) (j)—Declaratory only.

(Appeal from the decision of H.M. Supreme Court of Kenya, Bourke, J.) Increase of Rent (Restriction) Ordinance, 1949—Alterations to premises after 1st January, 1949—Change to business premises—Whether Ordinance ceases to apply. 

Club—Proposed resolution to change name—Application for temporary
injunction.