East African Court of Appeal

Detinue—Garage proprietor's lien—When revived.

(Appeal from the decision of H.M. Supreme Court of Kenya—Harley, Ag.J.) Landlord and tenant—Notice to quit—Addressed to executors of late tenant and to business—Prior assignment by executors to themselves and two othersWhether good notice.

Contract—Sale of specific quantity of unascertained goods—Breach—Frustration.

Limitation—Native Tribunal—Blood money claim—35 years old.

(From the Court of Appeal for Eastern Africa) Landlord and Tenant—Assignments without notice—Waiver section 111 Indian Transfer of Property Act—Effect of application to Rent Control Board for leave to sue.

(Appeal from the decision of H.M. High Court of Uganda—A. J. Ainley, J.) Homicide—Self defence—Whether excusable.

(Appeal from decision of H.M. Supreme Court of Kenya—Campbell, Ag. I.) Murder—Verbal incitement—Section 22 Kenya Penal Code.

Criminal Procedure Code, section 197—Failure to comply—Whether invalidating
proceedings.

(Appeal from the decision of H.M. High Court of TanganyikaAbernethy, Ag.J.) Negligence—Bailee for reward—Theft by servant.

(Appeal from the decision of H.M. Supreme Court of Kenya, Bourke, J.) Landlord and Tenant—Increase of Rent (Restriction) Ordinance, 1949.

(Appeal from the decision of The H.M. High Court of Tanganyika—Bell, J.) Sale of Gkods Ordinance, Tanganyika, section 32 (3)—Offer and acceptanceImplied condition part of goods of inferior quality—Whether a difference in description—Interest prior to suit application of Indian Interest Act, 1839—Damages—Market value—Remoteness. -

(Appeal from the decision of the Resident Magistrate's Court at Kisumu-
if. G. Sherrin, Esq.)

(Appeal from the decision of H.M. Supreme Court of Kenya at Nairobi, B. W. L. AIim, Deputy Registrar) Practice—Civil Procedure—Order I, rule 14—Third Party Notice—Order I, rule 21—Defendant claiming against co-defendant.

(Appeal from the decision of H.M. High Court of Tanganyika—Mahon, J. Tanganyika.) Cheque—Consideration—Forbearance—Onus of rebutting presumption of consideration

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, J.) Sale of goods—Guarantee or joint liability—Pleading.

(Appeal from the decision of H.M. Supreme Court of Kenya, Thacker, Ag. C.J.) Amendment to plaint --- Circumstances when leave can be refused—PracticePowers of Court to call witness in civil matter—Civil Procedure Ordinance, section 22 (b)—Order 15, rule 7.

Autrefois acquit—Order of Appellate Court—Effect.

(Appeal from decision of H.M. Supreme Court of Kenya, Rudd, J.) Landlord and tenant—Kenya Increase of Rent (Restriction) Ordinance, 1949- Nanyuki Rent Control Board—Failure to give party notice of hearingRequirements of natural justice.

(Appeal from decision of H.M. Supreme Court of Kenya, Windham, J.) Appeal Practice—Civil Procedure, Order 7, rule 29—Appeal from order striking out application to dismiss—Whether leave of court necessary or whether appeal as of right. 

Increase of Rent. Restriction Ordinance—Section' 16 (1) (i), landlord proceeding
against occupier.

(Appeal from the decision of H.M. High Court of Uganda—Pearson, J.) Criminal Law—Rash and Negligent Act—Section 220, Uganda Penal CodeDegree of negligence required.

Increase of Rent Restriction Ordinance, section 13 (1) (o)—Meaning of standard
rent as at the commencement of the Ordinance.

Insanity—Penal Code, section 13—Absence of medical evidence.

(From the decision of H.M. High Court of Uganda—Ainley, J.) Insanity—Burden on accused to rebut a natural presumption.

(From the decision of H.M. High Court of Tanganyika at Lindi—Miles, Ag.J.) Practice and procedure—Tanganyika Penal Code, sections 265 and 275—Stealing after a previous conviction.

(Appeal from the decision of H.M. Hight Court of Uganda—Stuart, Ag.J.) Criminal Procedure—Accused statement—Admission before interpreter proves it.

Defence (Control of Prices) Regulations, 1945—Sugar sold above controlled
price—Proof of partnership—Surplusage—Relevance of Regulation 11 (1)-
Convicted as individuals.

Costs—Taxation—Meaning of "Costs of this day":
D. N. Khanna for plaintiff.
Hunter for defendant.

(Appeal from the decision of the Central Rent Control Board, Nairobi)
Landlord and tenant—Rent Control Board's power to review its own decision
after full hearing—And whether an appeal lies.

Negligence—Advocates failure to file claim within limitation period—Difference

between Tanganyika and Kenya limitation period—Duty—Damages-
Reasonable probability of success—Measure.

(Appeal from decision of H.M.. Supreme Court of Kenya, Connell, J.) Practice—Civil Procedure—Order 35, Summary judgment—Triable issue.

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

Taxation of costs—Taxing Officer's discretion—Necessity to record reasons III
exercising.

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

Res judicata—Estoppel—Whether judgment directly upon the matter -in question-
Notice to quit tenancy from month to month.

(Appeal from the decision of H.M. Supreme Court of KenyaR. Campbell, Ag.J.) Defamation—Motion to strike out frivolous or vexatious pleadings—Discretion of Court—How exercised.

(Appeal from the decision of H.M. Supreme Court of Kenya, Windham, J.) Practice—Plaintiff's application for leave to amend plaint—Application granted- • Leave to appeal granted—Defendant's subsequent application to strike out amendments—Refusal, leave to appeal granted.

Practice—Fixing hearing date where defendant applies for adjournment-
Magistrate's discretion—Judicial exercise.

(Appeal from the decision of the Central Rent Control Board, Nairobi)
Landlord and tenant—Appeal from Rent Control Board—Whether appeal ground
conflicting with ground advanced before Rent Control Board can be advanced..

Practice—Civil Procedure—Counterclaim.

(Appeal from the decision of H.M. 'High Court of Uganda—Pearson, J.) Murder—Circumstantial evidence—Reasonable doubt.

(Appeal from decision of H.M. Supreme Court of Kenya—Conneil, J.) Increase of Rent (Restriction) Ordinance, 1949—Section 16 (1) (0—Landlord proceeding against occupier or where tenant dead—Meaning of "entitled to obtain an order for posses

Costs—Taxation--Taxing Officer s discretion—Part - Icular circumstances

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, J.) Appeal—Right of from Judges ruling on removal of caveat under section 57 (5) Kenya Registration of Titles Ordinance—Meaning of "court" in Ordinance.

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, 5.) Unincorporated association—Expulsion—Jurisdiction of Court.

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

Landlord and tenant—Rent Control Board—Conditional order—Notice to quit-
No evidence of end of monthly tenancy—Validity.

(Appeal from the decision of H.RM.'s High Court of Zanzibar—Gray, C.J.) Practice—Court of Appeal for Eastern Africa Rules, rule 6 (2) (b) appeal—Judgment and decree to accompany memorandum.

(Appeal from decision of H.B.M.'s High Court for Zanzibar at ZanzibarGray, C.J.) Broker's note—Unstamped at time of broker's sign atu re—Pa rties' signatures added—Admissibility.

(Appeal from decision of Rent Control Board, Nairobi)
Landlord and Tenant—Abandonment of possession—What constitutes possession.

Sea insurance—Stamp Ordinance, section 8 (l)Ni'for sea'.policy—Non-
disclosure of plaintiffs' i nterest—Wh ether material.

(Appeal from the decision of H.M. High Court of Uganda—Pearson and Ainley, JJ.) Criminal Procedure Code, Uganda—Conviction by District Court—Appeal to High Court—Trial Court record lost—Order by Appellate Court for retrial.

Section 212 Criminal Procedure Code—Refusal of Court to allow witness to be
recalled for cross-examination—Section 356 Criminal Procedure Code—
Allowing bail before appeal lodged—Consolidated sentence—Effect of.