East Africa Protectorate: Law Reports Containing Cases Determined by the High Court of Mombasa, and by the Appeal Court at Zanzibar, and by the Judicial Committee of the Privy Council, on Appeal from that Court : with Appendices Containing Notes on Native Customs, Appeal Court Rules, Legal Practitioners' Rules, High Court Rules, Circulars, &c, Volume 1

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Stevens and Sons, Limited, 1906 - Law reports, digests, etc
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Page 119 - Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require. The powers aforesaid may be exercised by the said Court notwithstanding that the
Page 117 - and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been
Page 119 - or parties may not have appealed from or complained of the decision. The Court of Appeal shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.
Page 112 - day of August, 1902. PRESENT, The KING'S Most Excellent Majesty in Council. Whereas by treaty, grant, usage, sufferance, and other lawful means His Majesty has power and jurisdiction
Page 112 - appeals from His Majesty's Courts in the said Protectorates : Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by " The Foreign Jurisdiction Act, 1890," or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows :— 1. This Order may be cited as " Eastern African Protectorates (Court of Appeal)
Page 119 - that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such
Page 149 - period shall not exceed twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Page 116 - but the Court in deciding the appeal shall not be confined to the grounds set forth by the Appellant: Provided that the Court shall not rest its decision on any ground not set forth by the Appellant, unless the Respondent has had sufficient opportunity of contesting the case on that ground.
Page 28 - houses, dwellings, warehouses, and other " premises of British subjects, or of persons actually in their regular " service shall not be entered or searched under any pretext by the " officials of His Highness without the consent of the occupier, " unless with the cognizance and assistance of the British Consul or " his substitute.
Page 35 - from those which he examines. It is quite true that in all valuations, judicial or other, there must be room for inferences and inclinations of opinion which, being more or less conjectural, are difficult to reduce to exact reasoning or to explain to others. Everyone who has gone through the process is aware of this lack of

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