The East Africa court of appeal reports 1937 - 1939, Volume 4 /

INDEX TO VOLUME IV (PART I)
ction against Receiver-Leave of Court-Practice........ ctionable claim-Assignment-Necessity for words of transfer-
Indian Transfer of Property Act, 1882, sec. 130..........
djournment, application for-Ex parte proceedings-Withdrawal
of advocate.....
dvocate, withdrawal of Application for adjournment-Ex parte
proceedings-Order 3, r. 6........
ppeal-
Memorandum signed by the appellant or his advocate-Order 39, r. 1. Practice-Failure to file certified copy of decree-Conflict between
r. 6 (2) of the Rules of East African Court of Appeal and Civil Procedure Ordinance (Kenya) ss. 2 (4), 66.........
ppearance
Action against partnership-Appearance by one partner under
protest Consent to judgment by other partner-Right of partner who appeared under protest to dispute liability of firm.
Appearance of party at hearing-Application for adjournment-Ex parte
proceedings-Withdrawal of advocate......
Assignment of actionable claim-Necessity for words of transfer-Indian
Transfer of Property Act, 1882, sec. 130........
Compromise of suit-Judgment by consent-Order 22, r. 6
Contract, note or memorandum of-Moneylending-Date on which
contract made not shown
Criminal Law-
-Proof........
Confession made through an interpreter-Proof
Confession of co-accused-Motive
Conviction for offence other than that charged-Rape-Defilement-
Criminal Procedure Code (Uganda) Secs. 178, 183
Corroboration-
Confession of co-accused-Motive........
Rape-Consent, absence of
Evidence-
Confession made through an interpreter-Proof..............
Circumstantial evidence-Murder-Presumption-Possession
by accused of property of victim........... Insanity-Burden of proof............ Manslaughter-Provocation-Burden of proof Motive-Confession of co-accused-Corroboration
Murder
Circumstantial evidence-Presumption-Possession by accused of
property of victim......
Manslaughter-Provocation-Burden of proof.........
Presumption-Possession of deceased's property by accused-Evidence..... Provocation-Murder-Manslaughter-Burden of proof.........
Rape
Complainant a girl aged 10 to 12 years-Corroboration-Consent-
Conviction for offence than that charged. Conviction for defilement-Criminal Procedure Code
(Uganda) Secs. 178 and 183.............
Criminal Procedure-
Absence of one assessor during part of trial-Such assessor subsequently resuming his seat and giving his opinion- Assessors allowed to retire and consult...
Assessors Absence of one assessor during part of trial-Such
assessor subsequently resuming his seat and giving his opinion- Assessors allowed to retire and consult-Cr.
Pro. Code (Kenya) Secs. 281, 282, 304 and 367
Burden of proof-
Insanity.
Provocation.....
Charge Omission to set out Ordinance and section under
which charge framed...
Committal-Nolle prosequi-Fresh information filed-
No second preliminary inquiry
Evidence-
Deposition
-
Contradiction between deposition and evidence at tria Duty of advocate to call attention of witness to his deposition- Indian Evidence Act, 1872, secs. 145, 155.....
Insanity-Burden of proof...
Framing of charge-Not obligatory to set out ordinance and section........ Information filed after Nolle prosequi entered-No second
preliminary inquiry required........
Insanity Evidence-Burden of proof
Kenya Cr. Pro. Code, secs. 281,282,283, 304, and 367
Nolle prosequi-Fresh information filed-No second preliminary inquiry Uganda Criminal Procedure Code-
Sections 178, 183.
Section 79 (1)
East African Court of Appeal Rules, r. 6 (2)-Kenya Civil Procedure
Code, Secs. 2 (4), 66 ...
Evidence-
Burden of proof-
Insanity
Provocation.
Circumstantial evidence-Presumption-Possession by accused
of property of victim-Accomplice
Confession made through an interpreter-Proof
Corroboration-
Confession of co-accused-Motive........... Rape-Absence of consent
Indian Evidence Act, 1872, Secs. 145, 155-Deposition and
evidence at trial, contradiction between Insanity-Burden of proof............ Provocation-Burden of proof.
Presumption-Possession by accused of property of victim Ex parte proceedings-Withdrawal of advocate-Order 3, r. 6-Order 5, r. 1. (2)-Order 9, rr. 17, 24, 27......... Indian Evidence Act, 1872, Secs. 145, 155......
Indian Transfer of Property Act, 1882, Sec. 130-Assignment
of actionable claim-Necessity of words of transfer...
Judgment Consent-Action against partnership-Consent to judgment by
one partner-Appearance under protest by other partner-
Right to dispute liability of firm
Kenya Civil Procedure-Secs. 2 (4) and 66, and East African
Court of Appeal r. 6 (2)-Conflict-Failure to file copy of decree.............
Kenya Civil Procedure Rules, 1927-
Order 3, r. 6-Withdrawal of advocate to be filed in court.. Order 5, r. 1 (2)-Appearance of party at hearing....... Order 9, rr. 17 and 24-Ex parte proceedings
Order 22, r. 6-Compromise of suit......
Order 39, r. 1-Appeal-Memorandum of appeal...... Moneylender-Note or memorandum of contract-Date on which
loan made not shown-Moneylenders Ord., 1932, Sec. 10 Moneylenders Ordinance, 1932, section 10-Date on which loan made not shown in note or memorandum of contract...... Ordinance-Repeal by implication.......
Partnership, action against-Appearance by one partner under protest- Denial of membership-Consent to judgment by other partner-
P
Right of partner who appeared under protest to dispute liability of firm.... Practice
Appeal-
Failure to file certified copy of decree-East African Court
of Appeal Rules, r. 6 (2)-Civil Procedure Ordinance (Kenya), Secs. 2 (4), 66.....................
Memorandum to be signed by appellant or his advocate—
Order 39, r. 1.......
Appearance at hearing-Application for adjournment-
Withdrawal of advocate-Ex parte proceedings-Order 3, r. 6, Order 5, r. 1 (2), Order 9, rr. 17, 24, 27......
Compromise of suit-Consent to judgment-Order 22, r. 6 Receiver, action against-Leave of Court-Practice.....
Transfer of claim, necessity of definite words-Indian Transfer of
Property Act, 1882, section 130.......
.......
Uganda Criminal Procedure Code, Secs. 168 (2), 202
Uganda Laws-
Chapter 87, section 23..................
Chapter 176, sections 21 and 51......
Uganda Penal Code, sections 302, 375.......
CASES REPORTED
Aluminium Union Ltd. v. K. Narandas & Co. ...... Din Mohamed u. Lalji Visram & Co.......... Jamal Sunderji Mitha . M. Khatau Khimji............... Kampala General Agency Ltd. v. W. Ker Tait as Receiver of
the Estate of N. R. Patel and Others..............
Kenya Consolidated Goldfields Ltd. v. A. M. Marwaha, as Exor.
of R. K. Parmar ........
Lal Singh u. Munshi Ram & Co. .....
Rex v. Assa Singh....
Rex v. Chemulon Wero Olango....... Rex v. Gidaharp s/o Gidawaresek Rex v. Lorenti Okello s/o Tangile
Rex v. Ndambia Wa Wanduru Rex и Noormahomed Kanji Rex v. Valbhdas Vasanji Rex v. Yonasami Kabaluli ...... Rex v. Yego s/o Kitum
INDEX TO VOLUME IV
(PART II)
Accomplice Corroboration by circumstantial evidence....... Amendment of plaint which failed to disclose cause of action.
disallowed-Indian Civil Procedure Code, 1908, and Rules........ Appeal-Practice-Time for appealing-Delay in obtaining
copy of decree....... Assessor, absence of...
.........
Bill of Exchange Ordinance, 1931 (Tanganyika), section 48-
Notice of dishonour-Pleadings-Rejection of plaint Civil Procedure (Tanganyika) (Indian Act, 1908)-
Section 99
Section 151...
plaint........
Civil Procedure Rules (Tanganyika) (Indian Act, 1908)— Order VI rr. 11, 17, Order VII rr. 1 (e), 11 (a)......... Order XX rr. 2, 3.
Circumstantial Evidence as corroboration of accomplice Corroboration of accomplice by circumstantial evidence. Criminal Law-
Corroboration of accomplice by circumstantial evidence....... Manslaughter-Murder-Provocation
Murder Manslaughter-Provocation..... Provocation Manslaughter-Murder
Criminal Procedure Code-
(Kenya)
Sections 287, 287A-Deposition of medical witness as
evidence-Consent of accused or his advocate- Witness not available at trial
(Nyasaland)
Sections 60, 201,202, 235-Trial commenced in
Subordinate Court-Proceedings reopened by direction of the Attorney General for further evidence-
Case taken as Preliminary Inquiry-Information filed- Case tried by High Court-No order transferring case (Tanganyika)
Section 211-Sworn deposition of accused to be certified-
Time for certification
Sections 259, 260, 261-Absence of assessor-His place
taken by another person without knowledge of Judge- Trial a nullity..........
Sections 212 (3), 263-Calling by prosecution of defence witness whose evidence was not taken at preliminary inquiry-Absence of notice Depositions of defence witnesses to be taken
Deposition
Of defence witnesses to be taken at preliminary inquiry Reading of Witness not available at trial-Medical witness
Dishonour. notice of Pleading-Rejection of plaint-
Indian Civil Procedure Code, 1908, and Rules
Circumstantial evidence as corroboration of accomplice Corroboration of accomplice by circumstantial evidence Defence, to be taken at preliminary inquiry
Deposition of medical witness not available at trial For prosecution of defence witnesses who have not made
depositions in absence of notice of their intended evidence Medical witness, deposition of
Of accused at preliminary inquiry to be certified-
Time for certification-Criminal Procedure Code (Tanganyika) section 211...
Indian Civil Procedure Code (1908)-
Section 99...
Section 151
Indian Civil Procedure Rules-
Order VI rr. 11, 17, Order VII rr. 1 (e), 11 (a)
Order XX rr. 2, 3-Waiver of irregularity
Irregularity, waiver of Judgment pronounced by District
Registrar..
Judgment pronounced by District Registrar-Irregularity, waiver of Manslaughter-Provocation-Premeditation
Murder-
Manslaughter-Provocation-Premeditation
Trial commenced in Subordinate Court-Proceeding reopened
by direction of the Attorney General-Case taken
as preliminary inquiry-Information filed-Case tried by High Court-No Order transferring case-
Criminal Procedure Code (Nyasaland) sections 60,201, 202, 235.....
Notice of Dishonour-Pleading-Rejection of plaint-
Indian Civil Procedure Code, 1908, and Rules ........ Nyasaland Criminal Procedure Code, secs. 60, 201, 202,
235-Murder-Trial commenced in Subordinate Court- Proceedings reopened by direction of the Attorney General- Case taken as preliminary Inquiry-information filed- Case tried by High Court-No order transferring case Plaint, rejection of, failure to disclose cause of action-
Amendment disallowed-Indian Civil Procedure Code. 1908, and Rules.........
Pleading Amendment disallowed of plaint which failed to
disclose cause of action-Indian Civil Procedure Code. 1908. and Rules ........
Practice Appeal-Delay in obtaining copy of decree
Preliminary Inquiry-
Depositions of defence witnesses to be taken. Sworn deposition of accused to be certified-
Time for certification-Criminal Procedure Code (Tanganyika) sec. 211..........
Prosecution, duty of, to call witnesses
INDEX (Contd.)
Trial-
Murder trial commenced in Subordinate Court-Proceedings reopened by direction of the Attorney General for further evidence-Case taken as preliminary inquiry Information filed-Case tried by High Court-No order transferring case-Criminal Procedure Code (Nyasaland) secs. 60, 201, 202, 235................
Nullity-Absence of one assessor whose place taken by
another without knowledge of Judge
Waiver of irregularity-Indian Civil Procedure Code, 1908,
section 99 and Rules O.XX rr. 2, 3 ............
Witness
For defence called by prosecution-No depositions or notice
of their intended evidence..............
Medical, deposition of, as evidence.
Not available at trial-Reading of deposition