East African Court of Appeal

Medical Practitioners and Dentists Ordinance—Practising “for gain”.

Section 306, Penal Code—Forfeiture order—Conditions under which forfeiture
applies—Whether forfeiture automatic on certain findings or whether order
necessary.

(Appeal from decision of H.B.M. High Court of Zanzibar—Gray, C.J.)
Right of way—Burden of proof—Whether public or private.

Immigration (Control) Ordinance—Deportation of prohibited immigrant—
Article XI of Ethiopian Agreement.

(Appeal from decision of H.M. High Court of Tanganyika—Abernethy, Ag. J.)
Intervention by Advocate holding watching brief for complainant—Whether
prejudicial to accused.

(Appeal from the decision of H.M. Supreme Court of Kenya—De Lestang, J.)

(Appeal from the original order of H.M. High Court of Tanganyika—Paul, C.J.)
Partnership dispute—Arbitration—Application to remit refused by High Court.

(Appeal from the decision of H.M. Supreme Court of Kenya—Windham, J.)
Criminal Law—Evidence—Extra-judicial statement by the accused—Objection by
defence to admissibility of statement—Voluntariness of statement—Practice.

(Appeal from decision of H.M. High Court of Tanganyika—Knight, J.)
Accused charged on two counts, first count attempted murder, second count
wounding with intent—Equivocal plea—Conviction on second count.

(Appeal from the decision of H.M. High Court of Uganda at Kampala—

Pearson, J.)

Rape—Importance of evidence of terms of original complaint.

Section 333 Kenya Penal Code—Intention—“Wilfully and unlawfully”—Burden
of proof.

(Appeal from decision of H.M. Supreme Court of Kenya—Modera, J.)
Administration 6f deceased estate by Public Trustee—Final Accounts—Registrar’s
certificate—Effect of section 82 Indian Probate Act—Beneficiaries right of
action.

(Appeal from decision -of H.M. Supreme Court of Kenya at Nairobi—Bourke, J.)
Criminal Law—Unlawfully causing grievous harm— Section 230 Penal Code
intention-—Criminally reckless or negligent conduct.

(Appeal from decision of H.M. High Court of Tanganyika—Abernethy, -'AT.1)
Crintired 'law^Defective Ih'forfn'tftib'n '<Whdfrfr *>f6tfil—Bffra ijtfdicia!l

(Appeal from decision of His Majesty’s High Court of Uganda—Ainley, J.)
Will—Mohammedan testator domiciled in Uganda—Will partially oral and
partially in writing—Construction. Adopted daughter whether included in
“other relatives”—Intention by testator to exclude his brother in written
portion—Necessity to read both written and oral portions as a whole.

Immigration Control Ordinance (Cap. 51) S. 12 (1) (b) and S. 12 (3)—Elements of
the offence—Whether plea amounts to a plea of guilty or not'—Power to
cancel pass.

Landlord and Tenant—Premises unoccupied—Good cause—Section 5 (1) (h)—
The Increase of Rent (Restriction) Ordinance, 1949.

(From the decision of H.M. Supreme Court of Kenya (Appellate Side)—Thacker

and) Modera, JJ.),
Visit* by Court* to locus—Investigation carried' out there.

(Appeals from decision of H.M. High Court of Tanganyika—Mahon, J.)
Homicide—Two accused both striking deceased blows either of which if left
untreated would have proved fatal—Cause of death.

(Appeal from decision of H.M. Supreme Court of Kenya—Connell, Acting Judge)
IficTease of Rent (Restriction) Ordinance, 1949—Jurisdiction of Supreme Court to
entertain proceedings.—Whether 1949 Ordinance has retrospective effect.

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

Windham, J.)

Criminal law—Defence (Control of Prices) Regulations, 1945; regulations 2, 11 (1)
and 22 (1)—Sale of goat’s meat in excess of price permitted by regulations—
Meaning of “sale”.

Landlord and tenant—Rent Restriction Ordinance—Subletting without land-
lord’s consent—Section 16 (1) (i) and section 28 Rent Restriction Ordinance—

Expiry of lease for fixed period—Whether notice to quite necessary—Tenant
’ • never in occupation—Effect of application for standard rent.

Ex parte decree—No appearance and no defence filed—Application to set aside—>
Civil Procedure Rules, Order IX, rule 17—Order IX, rule 4—Order 48,
rule 2 (1)—Order IX rules 10 and 24—Liquidated demand.

(Appeal from decision’ of H.M. High Court of Uganda—Low, J.)
Murder—Witchcraft—Provocation.

Negligence—Predominant and effective cause of accident.

Income Tax—Isolated buying of an estate with object of reselling at a profit—
Whether profits taxable as trade or business—Income Tax Ordinance,
section 7 (1) (a).

(Appeal from decision of H.M. Supreme Court of Kenya—Modera and

Connell, JJ.)

Animal Diseases Ordinance—Moving stock—Defective charge—Nullity.

(Appeal from decision of H.M. Supreme Court of Kenya—Modera, J.)
Appeal from Rent Control Board to Supreme Court on refusal of Board to hear—
Whether final.

(Appeal from decision of H.M. Supreme Court of Aden—Rudd, J.)
Aden Supreme Court Rules of Court—Rule 299—Necessity to fix reserve—Where
mortgagee granted leave to bid.

Customs Management Ordinance (Cap. 261) (Section 198 (1) (a))—Public Health
(Condensed Milk) Rules, 1950 (Rule 6)—Public Health Ordinance (Cap. 130)
(Section 134).

Security—Defendants’ intention to obstruct or delay the execution of any decree—
Civil Procedure Rules, Order 38, Rule 5.

Costs on counter-claim—Rule 42 Rules of Court.

(Appeal from decision of H.M. High Court of Tanganyika at Musoma—Mahon, J.)
Information—Counts 1 and 2 attempted murder—Counts 3 and 4 Arson.

Certiorari—Where no right of appeal—Whether “Revision” a lesser remedy.

Building contract—Arbitration—Where architect appointed arbitrator—Principle
of conduct to be applied—Whether bias.

(Appeal from the decision of H.M. Supreme Court of Kenya—Mbdera, J.)
Sale of land—Misrepresentation of situation—Fraud—Whether parties ad idem—
Power to deprive successful party of costs.

(Appeal from decision of H.M. High Court of Uganda—Ainley, J.)
Uganda Cotton Ordinance—Section 45—Offence—Closing store.

(Appeal from decision of H.M. High Court of Tanganyika—Sinclair, Ag. C.J,)
Criminal Procedure & Practice—Magistrate’s ruling of “No case to answer” at
close of prosecution—Case stated—Appeal allowed by High Court—Appeal
to Court of Appeal for Eastern Africa—Jurisdiction of Court of Appeal for
Eastern Africa.

(Appeal from decision of H.M. Supreme Court of Kenya at Nairobi—Bourke, J.)
Exculpatory statement to a Police Officer—Accused not cautioned—Application
of “Judges’ Rules”—Police Ordinance section 36, Kenya.
The appellant together with three other Asians stole boxes containing
Sh. 500,000 in currency notes from the .guard’s van of the train from Nairobi to
Kisumu.

(Appeal from decision of H.M. Supreme Court of Kenya—Modera, J.)
Liquidation—Percentage marginal credit—Relationship between bank and
customers.

Contract for sale of goods by shipments—Failure to pay under letters of credit—
Delay in shipment—Whether equitable set-off—Whether waiver of delay—
Measure of damages—Perishable goods—Whether resale with reasonable
time—Sate of Goods Ordinance, section 51 (1), (2) and (3), section 30 (2)
and (1) and section 48 (3)—Interest.

(Appeal from decision of H.M. High Court of Uganda—Pearson, J.)
Section 85 (6), section 207 (1), sections 133 and 136 Uganda Criminal Procedure
Code—Necessity for formal charge to be preferred—Admission of prejudicial
evidence.

(Appeal from the decision of H.M. Supreme Court of Kenya-—Connell, Ag. J.>
Distress for Rent Ordinance, Cap. 154—Increase of Rent Ordinance—Standard.
rent—Rates paid by landlord.

(From the decision of H.M. Supreme Court of Kenya—Modera, J.)
Kenya Penal Code, section 62 (1)—Administering unlawful oath—Accomplice—
Proof of unlawful society.

Plea of guilty attested by Police Officer—Whether desirable to allow conviction’ to stand.

(Appeal from decision of H.M. High Court of Tanganyika at Dar es Salaam—

Knight, J.)

Section 317 (1) (b) Tanganyika Criminal Procedure Code—Necessity for strict
compliance when summarily rejecting appeal.

(Appeal from decision of H.M. High Court of Tanganyika—Knight, J.)
Witchcraft—What constitutes the act—Section 5 (1) Tanganyika Witchcraft
Ordinance.

(Appeal from the decision of H.M. SupremeCourt of Kenya—De Lestang, J.)
Arbitrator’s award—Apparent illegality upon the face of—‘Power of Court to look
■ . behind terms of The award and make findings of fact.

(Appeal from decision of the Special District Court of the Northern Province at
Lodwar—Criminal Confirmation Case Nd. 413 of 1951, H.M. Supreme

Court of Kenya—Bourke, Ag. CJ.)