INDEX
CIVIL APPEALS
Absolute Total Loss-See Marine Insurance.
Acceptance See Sale of Goods.
Adverse Possession
Advocate
See Wakf.
Advocates' Committee Extent of authority under Advocates Ordinance,
Kenya
Audience Whether right of, before Eastern African Court of Appeal
during period of suspension
Court of Appeal-Status-Appeal from Supreme Court-Disciplinary
proceedings
"General Importance"-Application for leave to appeal to Privy Council -Extent of authority of Advocates' Committee under Advocates Ordinance (Kenya) and of Supreme Court in considering report of Advocates' Committee, as matters of..........
"Great General Importance"-Application for leave to appeal to Privy
Council Question of degree of proof as to professional misconduct, as matter of.......
Intituling of disciplinary proceedings against-Method
Judgment Oversight of advocate as "sufficient cause" to set aside Negligence Overlooking question of limitation for filing suit in another
territory-When statutory protection available....... Professional misconduct Standard of proof as to...... Supreme Court-Functions-Disciplinary proceedings Advocates' Remuneration and Taxation of Costs, Rules of Court,
Rule 7 (2), (Kenya)
Agency Agent's duties-Whether reasonable skill and diligence used-Late
delivery of goods-Supply of greater quantity than contracted for- Confirming House
Agreement-
Compensation-Whether payable-Contract void both for mistake and
impossibility.
Damages difficult to prove-Whether contract specifically enforceable Implied Term-General rule as to severing from express terms of contract Share of Company's profits-Agreement to-pay-Whether Company expense. Statutorily unenforceable terms-Whether contract wholly inoperative or
whether terms severable...........
Written agreement not containing terms of final agreement-Admissibility
of evidence as to.....
Agreement for Lease-See Registration of Title.
"All persons"-Meaning-Chattels Transfer Ordinance, section 4 (Kenya) Alternative Accommodation-See Landlord and Tenant ("Mixed Premises"). Amendment-
Application to Court of Appeal to allow amendment to petition for
divorce or nullity-Whether too late
Discretion of Judge as to allowance of-When appellate court will
interfere with
Plaint-Change in description of plaintiff-Whether substitution of parties Appeal-
Advocate-
Status of Court of Appeal in appeal from Supreme Court in
disciplinary proceedings against............
Whether right of audience before Eastern African Court of Appeal
during period of suspension........
Amendment-Application to Court of Appeal to allow amendment to
petition for divorce or nullity-Whether too late
Damages-Re-assessment, where trial judge has misdirected himself on
the medical evidence
Appeal (Contd.)
INDEX OF CIVIL APPEALS (Contd.)
Decision of Justice of Appeal not a final judgment-Review possible
Whether Eastern African Court of Appeal will allow application for Discretion-When appellate court will interfere with judge's discretion as
leave to appeal against....
Evidence-Additional-When Court of Appeal will hear..
to allowance of amendment of proceedings
Garnishee Proceedings-Appeal from decree on
judgment entered
. 21
Income Tax (Consolidation) Ordinance, 1950 (Tanganyika), section 21- instead of decree nisi being made absolute-Parties to proceedings.
Whether appeal lies from order made under
Institution of appeal-When appeal instituted
Joint Plaintiffs-Joint appeal-Whether misjoinder of appellants.... New point of law on appeal-Discretion of appellate court to allow on
appeal from Rent Control Board
Notice of Appeal-
Whether can be given before formal order or decree drawn up. Appeal from decree or order-Effect
"Or otherwise"-East African (Appeal to Privy Council) Order in Order not drawn up-Originating Summons-Incompetency of appeal....
Council, 1951......
Privy Council-
Application for final leave to appeal to-Order giving conditional
leave to be before Court of Appeal at time of Applicant to be held strictly to conditions-Duty of applicant who has obtained conditional leave
Application for leave to appeal to-Whether Court of Appeal has
power to extend time for ....
Application for final leave to appeal to-Practice of Court of Appeal
as to time for........
Failure to comply with conditions of conditional order giving leave to appeal-Whether Court of Appeal has discretion to allow appeal to go on "General Importance"-Extent of authority of Advocates' Committee under the Advocates Ordinance (Kenya) and of Supreme Court in considering report of Advocates' Committee as matters of...... "Great General Importance"-Question of degree of proof as to
advocate's professional misconduct, as matter of.... Leave to appeal to-Discretion of Court of Appeal. Procedure Irregularity in-Whether Court of Appeal may waive Remission of issue not decided at hearing for consideration by High
Court-Whether Court of Appeal has power.....
Reversal of findings of fact of trial Judge-Principles
waive...........
Rules of Court of Appeal-Failure to observe many of Effect......... Scandalous and vexatious matter-
Power of Court of Appeal to reject
Refusal of Court of Appeal to entertain appeal where memorandum
of appeal contains
Taxing Master-Whether appeal lies to Court of Appeal from refusal of
Supreme Court to vary decision of...
Time-
Memorandum of appeal filed in District Registry within time limited time-Whether receipt of memorandum in District Registry for appeal-Appeal registered in Supreme Court Registry out of equivalent to its being filed
Suit against parties in alternative-Judgment against one of defend- appeal-Application made to appeal out of time against same ants whose appeal successful-Successful defendant not joined in
defendant-Prejudice......
။
INDEX OF CIVIL APPEALS-(Contd.)
Approved Scheme-See Landlord and Tenant (Notice to Quit). Arrest-See False Imprisonment and Warrant of Arrest.
Asiatic-
Devolution on death-Succession-Extent of section 6, Marriage, Divorc
and Succession (Non-Christian Asiatics) Ordinance (Cap. 112), (Tanganyika)
Jurisdiction of Tanganyika High Court to hear matrimonial cause-
Asiatic petitioner.......
"At"-Meaning-Stamp Decree (Zanzibar), section 19.... Audience See Advocate.
Bailiff-Sale by Court bailiff of goods in execution which are subject to
chattels mortgage-Whether purchaser obtains clear title-Rights of true owner of goods.....
Bankruptcy Ordinance (Kenya)-General application of section 45 (3) "Black Pepper"-See Sale of Goods
Broker's Note-Whether document not an intimation by broker of purchase
or sale, is-Whether exempted from stamp duty
Building Lease-See Landlord and Tenant.
Building Scheme-Whether established......... Burden of Proof-
Damages Quantum
Vessel-Total loss-Marine Insurance......
Business Transfer of part of-Liability of transferee where notice of transfer
incomplete
By-law-
Mombasa Municipality (Building and Sub-division) By-laws-By-law 127
-Whether intra vires Municipalities Ordinance-Whether repugnant to Public Health Ordinance.........
Municipal Engineer and Town Clerk serving notice on their own initiative
and not authorised by Municipal Board-Invalidity of notice- Whether notice capable of ratification-Trespass
Chattels Mortgage-See Bailiff.
Civil Procedure (Revised) Rules (Kenya)—
Order 1, Rule 10.
Order 6, Rules 17, 19 and 21
Order 9, Rule 19...........
Order 9, Rules 20 and 24
Order 20, Rule 7 ............................. Order 25, Rule 2 (1) and (2) Order 29, Rule 1.............. Order 36, Rules 1, 5 and 7.... Order 42 Rule 1 (1) (o)..... Rule 44, Rule 1 ......
Order 46, Rule 9
Civil Procedure Rules (Uganda)-Orders 20, (Rules 1 and 4) and 39, (Rules
3 and 17) and Appendix D., Form 16........
Company-See Income Tax and Shares.
Compensation-See Agreement.
Confirming House-See Agency.
Constructive Total Loss-See Marine Insurance.
Contract-See Agreement.
Contract Act (Indian)-See Indian Contract Act.
Contractual Tenancy-See Landlord and Tenant (Repairing Covenant).
Controlling Interest in Company-See Income Tax.
Copy Document-See Evidence.
Conversion-See Detinue.
Costs
lv
INDEX OF CIVIL APPEALS (Contd.)
Special order depriving successful party of Discretion not properly
exercised where order made on grounds that successful preliminary objection has shut out consideration of case on its merits
Taxing Master-Whether appeal lies from refusal of Supreme Court to
vary decision of
Court of Appeal-See Appeal.
Court Bailiff-See Bailiff
Covenant of the League of Nations, Article 22
Criminal Procedure Code (Tanganyika), sections 27,90 and 346 Crown-Undertaking by Colony s Chief Secretary-Whether undertaking
binding upon
Customary Law-See Status.
Damages-
Deprivation of beneficial interest in shares proved-Inquiry into Quantum-Burden of proof-When in issue
Re-assessment by Court of Appeal where trial judge has misdirected
himself on the medical evidence
Special-True measure-Unauthorised demolition of derelict building by
Municipal Board
Decree
Approval of, by advocates operating as estoppel
Date in
Garnishee Proceedings-Appeal from decree entered instead of decree
nisi being made absolute-Parties to the proceedings
Judgment-Whether "Decree" includes-Eastern African Court of Appeal
Rules, Rule 56.
Notice of Appeal-
Appeal from decree-Effect.....
.........
Whether can be given before formal decree drawn up Originating Summons-Whether adjudication upon is
Defence (Admission of Women and Children) Regulations, 1940 (Kenya) Defamation-See Libel.
Defendants-
Judgment Claim against two defendants-Form of.....
Right to sue two defendants whose liabilities several-Amount which
may be recovered.
Delivery See Letter.
Demolition of Building-See Landlord and Tenant (Scheme for Demolition) Description-See Plaint and Sale of Goods.
"Determination"-Rule in Sheikh Noordin Gulmohamed Sheikh Bros. -
Explanation.
Detinue Conversion of shares alleged-Whether demand to be proved Devolution on death-See Asiatics,
District Registry-See Appeal (Time).
Divorce-
Amendment Application to Court of Appeal to allow amendment to
petition Whether too late
Customary Law-Recognition by High Court of Tanganyika of valid
divorce effected by.
Domicil-Whether Court of Appeal can remit issue as to, to Supreme
Court to decide where no decision thereon was made at hearing of petition
Jurisdiction-
Court to ensure it has, before hearing evidence in support of allega-
tions in petition........
High Court-Matrimonial Causes-Asiatic petitioners domiciled in
Tanganyika.........
Divorce (Contd.)
INDEX OF CIVIL APPEALS-(Contd.)
Muslim Wife-Divorced according to tenets of own school-Whether
Kadhi of another school can declare that she is not divorced.
No case Submission-Election
Personal and religious law-Divorce of persons belonging to recognised
religious community-Whether governed by
Domicil-See Divorce and Muslim Law.
Dominant User See Landlord and Tenant ("Mixed Premises"). Double Protection-See Landlord and Tenant ("Mixed Premises"). "Dwelling house"-See Landlord and Tenant.
East African (Appeal to Privy Council) Order in Council, 1951-
Section 3 (a)..
Section 3 (b)
Section 4.
Section 5 (a).
Sections 5 (b) and 6....
.........
Eastern Africa Court of Appeal-See Appeal.
Eastern African Court of Appeal Rules, 1925, Rule 9
Eastern African Court of Appeal Rules, 1954-
Rules 19 and 52.........
Rules 54 (1) and (2), 56, 58 and 72 (1)...... Rule 73 (4)
Rule 74.........
Ecksteen Kutosi-Rule in
K
Employee See By-Law and Libel.
Equity-Purchase of property in another s name.
Estoppel-
Decree-Approval by Advocates operating as
...... 30!
Statutory Tenant-Tenant's letter claiming to be-Contention at trial of
as......
contractual tenancy-Operation of letter as "Event"-Whether Judge's decision that appeal is incompetent is
Evidence-
Appeal-When Court of Appeal will hear additional ......... Copy Document-Unstamped-Tender in evidence
214
214
Documentary evidence-Admission-Gift of land by Mohammedan wife
to husband
Written agreement not containing terms of final agreement-Admissibility
of evidence as to.......
Evidence Act (Indian)-See Indian Evidence Act.
Execution-See Bailiff and Garnishee.
Ex parte Decision-See Review.
Ex parte Judgment-See Judgment.
False Imprisonment-Proceedings regular and instituted on reasonable cause
-Arrest Regular-Answer to claim for
Foreign Jurisdiction Act, 1890
Forfeiture of lease-See Landlord and Tenant (Notice to Quit).
Forum-See Muslim Law.
Garnishee Proceedings-Judgment entered instead of order nisi being made.
absolute-Appeal from decree on such judgment-Parties to the proceedings
"General Importance"-See Advocate.
Gift-See Husband and Wife.
Good Reason-Civil Procedure Ordinance (Kenya), section 27 (1).
"Great General Importance"-See Advocate.
INDEX OF CIVIL APPEALS (Contd.)
Habeas Corpus-See Prerogative Writ.
High Court
advocate
Functions of Kenya Supreme Court-Disciplinary proceedings against
Kadhi-Removal of proceedings before, to High Court, where justice
Jurisdiction-Root-Tanganyika High Court administer .....
Matrimonial Cause-Asiatic Petitioner-Jurisdiction to hear. Prerogative Writs-Jurisdiction-Supreme Court of Kenya.
Hindu-See Hindu Law.
Hindu Law-Joint Hindu families-Existence of, in Tanganyika-Law House Separate dispositions of land and house thereon-Whether possible
governing-Degree of proof required as to issues relating to.
"House-spot"-See Landlord and Tenant (Licensee)
Husband and Wife-
Documentary evidence Admission of Gift of land by Mohammedan
wife to husband......
Wife Acquisition by, of husband's domicil on marriage-Muslim law...
Immigration-
Permission to enter Colony-
Effect where given on innocent misrepresentation Whether writing required........
Implied Term-See Agreement.
Impossibility-See Agreement (Compensation).
Income Tax-
Appeal-Whether lies from order made under Income Tax (Consolidation
Ordinance, 1950 (Tanganyika), section 21
Company-
Controlling interest in "Members of the Public".......
Directors' remuneration-Derivation.....
Directors' remuneration-Questioning of quantum, by Commissioner
of Income Tax.
Deemed Distributed Income-True effect of section 21, Income Tax
(Consolidation) Ordinance, 1950 (Tanganyika)
Share of company's profits-Agreement to pay-Whether company
expense......
Source of company's income and source of employee's income-Distinction. Indian Contract Act-
Sections 20 and 56 Paragraphs (1) and (3).........
Section 194.........
Indian Evidence Act, section 91
Indian Transfer of Property Act, section 112.....
Infant-Position of infant transferee of property in Uganda
Injunction Where not effective remedy-Whether to be granted.
Innocent Misrepresentation-See Immigration.
Inquiry into Damages-See Damages (Deprivation).
Insurance See Marine Insurance.
Intitulement of Proceedings-See Advocate.
Islamic Law-See Muslim Law.
Joint Appellants-See Appeal.
Joint Hindu Family-See Hindu Law.
Joint Plaintiffs-See Appeal. Judgment-
20
"Decree"-Whether includes judgment-Eastern African Court of Appea
Rules, Rule 56..........
Ex parte judgment-Setting aside-"Sufficient Cause"-Oversight on
part of advocate
Form-Claim against two defendants
Judgment (Contd.)
Garnishee proceedings-Judgment entered instead of order nisi being
made absolute-Appeal from
Jurisdiction-
Divorce Nullity-Court to ensure it has jurisdiction before hearing
evidence to support allegations in petition
Kadhi-Persons of different schools
Matrimonial Causes-High Court-Asiatic petitioner domiciled in
Tanganyika
Prerogative Writs-Kenya Supreme Court-Issue of, on civil side Rent Control Board-Order for vacant possession for breach of covenant
of lease containing forfeiture clause.
Root-High Court of Tanganyika
Kadhi-See Muslim Law.
Lack of Funds-See Security. Land-See Wakf
Landlord and Tenant-
Building Lease Whether rent restriction legislation applies to building
erected by lessee.....
Date-Material date as to state of facts-Possession orders-Statutory
tenants......
Dwelling-house-Rooms in factory occupied by owner-Whether Increase of Rent (Restriction) Ordinance (Kenya)-
Section 16 (1) (i)-Retroactive effect of first limb of
Section 16 (1) (i) and 28-Intention of sections
P.
Section 23 (3)-Non-applicability where order made against subtenant
as occupier
Section 28-Whether in conflict with section 23 (1)
Section 29-Overriding provisions of section 16 (1) (i)
Licensee "House Spot"-Protection against eviction and extortionate
demands
"Mixed Premises"-Whether double protection under rent restriction. legislation Test as to dominant user-Alternative accommodation required for possession.......
Notice to Quit-
Effect of giving, where forfeiture of lease incurred.
Section 6 (1) (1) Rent Restriction Ordinance, 1949 (Cap. 115),
(Uganda) Meaning-Whether landlord must be in possession of approved scheme before giving......
"Occupier"-
Optional remedy against-Matters which may be relied upon-
Section 16 (1) (1) Increase of Rent (Restriction) Ordinance (Kenya)
Whether includes "Lawful subtenant"-Section 16 (1) (i) Increase of
Rent (Restriction) Ordinance (Kenya)........
Proceedings-When commenced-Increase of Rent (Restriction) Ordin-
ance, 1949 (Kenya)
Reasonableness-Matters for consideration.
Rent-Acceptance of, after institution of proceedings-Whether waiver
of right to forfeit lease...
Rent Collector-Acceptance of rent by, as waiver of breach of covenant
of lease.......
Repairing Covenant-Contractual tenancy, Effect of section 28 Increase
of Rent (Restriction) Ordinance (Kenya)
Scheme for demolition of building-Whether scheme for redevelopment Statutory Tenant-
Tenant's letter claiming to be-Contention at trial of contractual
tenancy-Estoppel....
Whether liable for structural repairs.....
INDEX OF CIVIL APPEALS-(Contd.)
Landlord and Tenant-Statutory Tenant-(Contd.)
PA
Sublease executed after commencement of and during currency of Sub-letting-Absence of consent of owner of premises-Whether lawful.. proceedings for possession-Whether occupier a "lawful" sub-tenant.. "Tenant"-Meaning-Increase of Rent (Restriction) Ordinance, 1949 Underlease for entire residue of underlessor's term-Operation of, in
(Kenya)
user at time possession sought-Rent restriction legislation. League of Nations-See Covenant of the League of Nations. Leave to Appeal-See Appeal. Letter-
Estoppel-Creation by. of
Letter of dismissal of employee published on day of his dismissal-Whether Whether proof of posting justifies presumption of delivery-Letter not
libellous
properly addressed......
Libel-Letter as to dismissal of employee published on day of his dismissal-
Whether libellous.
Liberty of the Subject-See Stare decisis.
Licensee See Landlord and Tenant.
Limitation-See Advocate (Negligence) and Wakf Limitation Decree-See Zanzibar.
Magistrate See Resident Magistrate.
Malicious Prosecution-Requirements before instituting criminal proceedings "Reasonable and probable cause"-Whether prosecutor liable for action for, if actuated by express malice if reasonable and probable cause for prosecution
Marine Insurance Total loss of vessel-Actual or constructive loss-Burden of proof that vessel is total loss-Loss not due to absolute loss of vessel- Perils of the sea-Notice of abandonment
Master and Servant-See Libel.
Marriage Persons of recognised religious community-Whether governed by
personal and religious law of community
Matrimonial Causes-See Divorce, Jurisdiction and Marriage.
Matrimonial Causes Rules (Kenya), Rule 4 (1)
"Members of the Public"-See Income Tax (Controlling Interest).
Misdirection-See Damages.
Mistake See Agreement (Compensation).
"Mixed Premises"-See Landlord and Tenant.
Mohammedan Wife-See Husband and Wife.
Mombasa-See By-law.
Mombasa Municipality (Building and Sub-division) By-laws, by-law 127 Municipal Engineer-See By-law.
Muslim Law-
Forum-Extent to which plaintiff may select
Kadhi-
Cases involving parties of other schools-Whether should hear Removal of proceedings to High Court where justice requires
application of different system of law from that which Kadhi can administer
Wife-Acquisition by, of husband's domicil on marriage
"Native"-See Wakf (Attempted Disposition). Natural Justice See Review.
Negligence See Advocate.
New point of law on appeal-See Appeal.
No case-See Divorce.
Non-Christian-See Status.
ix
INDEX OF CIVIL APPEALS (Contd.)
"Non-Native"-See Wakf (Attempted Disposition). Notice of Abandonment-See Marine Insurance. Notice of Appeal-See Appeal.
Notice to Quit-See Landlord and Tenant. "Occupier"-See Landlord and Tenant.
"Or otherwise"-East African (Appeal to Privy Council) Order in
Council, 1951......
Order-
Meaning Order 42 Rule (1) (1) (0) Civil Procedure (Revised) Rules
(Kenya)
Notice of Appeal-
Appeal from Order-Effect....
Whether can be given before Order drawn up Originating Summons-Adjudication upon-Whether. Ordinances-
Kenya-
开
Advocates Ordinance-
Section 2..........
Section 9 (3) (iii)
Section 15......
Bankruptcy Ordinance, Section 45 (3)............
Chattels Transfer Ordinance-
Section 4........
Section 13 (2)
Civil Procedure Ordinance-
Section 2 (b) proviso
Section 27 (1).
Fraudulent Transfer of Business Ordinance, Section 3
Immigration (Control) Ordinance (Cap. 51)
Immigration Restriction Ordinance (Cap. 62) (1926 edition) as
amended........
Increase of Rent (Restriction) Ordinance-
Sections 5 (1) and () and 16 (1) (a)
Section 7..........
Section 9 (1)
Section 16 (1) (e) (i)
Section 16 (1) (i)
Section 16 (2)
Section 16 (6)
Section 23 (1)
Section 23 (3)
Section 28...
Section 29....
Increase of Rent and Mortgage Interest (Restrictions) Ordinance,
1940, Sections 2, 11 (1) (d) and 11 (2)
Matrimonial Causes Ordinance, (Cap. 145) section 4 (a)
Municipalities Ordinance, Sections 77 and 132........
Public Health Ordinance, Section 118 (1)....
Registration of Titles Ordinance, Section 40.
Stamp Ordinance, Section 39....
Tanganyika-
Divorce Ordinance (Cap. 110)...........
Income Tax (Consolidation) Ordinance-
Sections 7 and 13.....
Section 21.........
Land (Law of Property and Conveyancing) Ordinance-
Section 2........
Section 11 (1)
Section 15......
Ordinances Tanganyika-(Contd.)
Marriage Ordinance (Cap. 109).
Marriage, Divorce and Succession (Non-Christian Asiatics)
Ordinance (Cap. 112)- Sections 2 and 3...
Section 6.......
Marriage, Divorce and Succession (Non-Christian Asiatics) (Amend
ment) Ordinance, 1947-1949, Section 2............
Police Ordinance (No. 51 of 1952), Section 44 (1).
Rent Restriction Ordinance, 1951 (as amended), Sections 1 (2),2 (1). Sale of Goods Ordinance (Cap. 214), Sections 13 (1) (4), 16 (b),20
Uganda
and 59 (b)....
Companies Ordinance, Section 21................
Rent Restriction Ordinance, 1949 (Cap. 115), Section 6 (1) (1)..
Originating Summons-
Adjudication upon-Whether Order or Decree..
Service upon persons not added as parties in title of suit-Whether
should be added as such parties
Parties to proceedings-See Appeal, Garnishee, Originating Summons and
and Shares.
Perils of the Sea-See Marine Insurance. Personal Law-See Status.
"Persons from whom recovery is sought"-Bankruptcy Ordinance (Kenya),
Section 45 (3)......
Petition for Divorce-See Divorce.
Plaint-
Amendment-Change in description of plaintiff-
Whether substitution Rectification No ground for, disclosed in plaint-Whether order for
rectification to be made
Plaintiff See Plaint.
Police Officer-Protection-Police Ordinance (Tanganyika), Section 44 (1)..
"Possession"-Whether word stands alone in Chattels Transfer Ordinance
(Kenya), Section 13 (2)
Posting-Letter Whether proof of, justifies presumption of delivery
Letter not properly addressed
Preliminary Objection-See Costs.
Prerogative Writs-Jurisdiction of Kenya Supreme Court to issue
on its civil side..
Prescription See Wakf (Title).
Presumption-See Letter and Resulting Trust.
Privy Council-See Appeal.
Professional Misconduct-See Advocate.
Prosecution See Malicious Prosecution.
Ratification-See By-law.
Reasonable and Probable Cause-See Malicious Prosecution.
Reasonableness-See Landlord and Tenant.
Re-assessment of Damages-See Damages.
Rectification-See Plaint.
Registration of Documents Decree-See Zanzibar.
Registration of Title-
Agreement for Lease Whether registrable-Registration of Titles
Ordinance (Kenya)
Wakf-Sale of land not completed by registration-Whether property
can be validly dedicated by purchaser as SE
Religious Law-See Status.
Remission of issue to High Court-See Appeal. Rent-See Landlord and Tenant.
Rent Collector-See Landlord and Tenant.
Rent Control Board-
Commencement of proceedings-Application to, as
Jurisdiction to order vacant possession for breach of covenant of lease
containing forfeiture clause.
New point of law on appeal-Discretion of appellate court to allow on
appeal from
Review Whether power to review own ex parte decisions.
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 11.....
Rent restriction legislation-See Landlord and Tenant. Repairing Covenent-See Landlord and Tenant. Repudiation-See Sale of Goods (Acceptance). Resident Magistrate Office-Pleasure of the Crown Resulting Trust-Purchase in another's name........ Review
Natural Justice-Whether power to review is a rule of Reinstatement-Application for, under Order 25, Rule 2 (2) Civil
Procedure (Revised) Rules (Kenya)-Whether governed by procedure for review of judgment........
Rent Control Board-Whether power to review own ex parte decisions Sale of Goods-
Acceptance-What is-Whether purchaser may repudiate after............... Agency Agent's duties-Whether reasonable skill and diligence used- Late delivery of goods-Supply of greater quantity than contracted for.......
Description-Sale by Commercial description of goods "Black pepper" Sale of Goods Decree-See Zanzibar.
Salvage See Marine Insurance.
Scandalous Matter-See Appeal.
Scheme for redevelopment-See Landlord and Tenant.
Security-
Application to reinstate case under Order 25, Rule 2 (2) Civil Procedure (Revised) Rules (Kenya), Whether governed by procedure for review of judgment ......
East African (Appeal to Privy Council) Order-in-Council, 1951, section
5 (a)-Whether terms are directory or mandatory
Lack of Funds-Whether "Sufficient cause" for Order 25, Rule 2 (2) Civil
Procedure (Revised) Rules (Kenya)
"Seem Just"-Rent Restriction (Enforcement, etc.), Rules of Court, 1950,
Rule 11.
Service See Originating Summons.
Setting aside ex parte judgment-See Judgment.
Shares-Whether court can order name of bona-fide purchaser of shares to be
removed from company's register where he is not party to the proceedings -Deprivation of beneficial interest in-Inquiry into damages
Sheikh Noordin Gulmohamed v. Sheikh Bros.-Rule in-Explanation Specific Performance-See Agreement (Damages).
Stamp Decree-See Zanzibar.
Stamping See Broker's Note and Evidence (Copy Document).
Stare Decisis-Justification for departing from rule-Liberty of the Subject Status-
Court of Appeal, in appeals from Supreme Court in disciplinary proceed-
ings against advocate
Joint Hindu Families-Recognition of..........
XII
Status-(Contd.)
Marriage and divorce of persons in Tanganyika belonging to recognised
religious community
Personal Law-Applicability
Statutory Tenant-See Landlord and Tenant.
Structural Repairs-See Landlord and Tenant (Statutory Tenant). Sublease and Subletting-See Landlord and Tenant.
Substitution of Parties-See Plaint.
"Succession"-Section 6, Marriage, Divorce and Succession (Non-Christian
Asiatics) Ordinance (Tanganyika). (Cap. 112).......
"Sufficient Cause"-See Judgment and Security.
Suit See Originating Summons and Wakf Survivorship See Asiatics.
Tanganyika Order in Council, 1920-
Section 17....
Section 28...
Taxation See Costs.
Tenant-See Landlord and Tenant.
Time See Appeal.
Title of Suit-See Originating Summons.
Total Loss-See Marine Insurance.
Town Clerk-See By-law.
Transfer of part of business-See Business.
Transfer of Property Act (India)-See Indian Transfer of Property Act.
Transfer of Property Decree-See Zanzibar.
Transferee See Business.
Trespass-See By-law.
Trust-See Wakf
Trusteeship Agreement, 1946.....
Articles 9 and 13
Uganda See Infant.
Underlease-See Landlord and Tenant. Undertaking-See Crown.
Use of Premises-See Landlord and Tenant.
Versailles Peace Treaty, 1919........
Vexatious Matter-See Appeal (Scandalous Matter).
Void Contract-See Agreement (Compensation).
Waiver See Landlord and Tenant (Rent and Rent Collector).
Wakf
Attempted disposition by non-native of house separately from land on
which standing-Effect....
Limitation Suit to recover Wakf property and past income Registration-Sale of land not completed by-Whether purchaser can
validly dedicate property as..........
Title to Land-Whether can be obtained by adverse possession or
prescription........
"Trustee"-Wakf Property Decree (Zanzibar)
Wakf Property Decree-See Zanzibar.
Walsh Lonsdale-Equity of-Exclusion by statutory requirement.............
Warrant of Arrest K
Irregular Warrant-Whether void or voidable
Legal arrest without warrant-Whether becomes illegal because warrant
used which contains hidden defect.
Responsibility for issue of ......
Wife See Husband and Wife.
Zanzibar-
xili
INDEX OF CIVIL APPEALS-(Contd.)
Limitation Decree, Sections 3, 10 and Schedule, Article 116................ Registration of Documents Decree-
Section 4.......
Section 6
Sale of Goods Decree (Cap. 81), Section 3 (1).
.........
Stamp Decree, Sections 2 (10), (11) and (13), 4, 19 and 39 and First
Schedule, paragraphs 5 and 41...............
Transfer of Property Decree
Section 54 .....
Sections 109, 110 and 116...............
Wakf Property Decree-
Section 2 ......
Section 16.....