Rakha v Ahmed (Civil Suit No. 1074 of 1955) [1956] EACA 3 (1 January 1956)
Court
East African Court of Appeal
Case number
Civil Suit No. 1074 of 1955
Judge
Rudd J
The court held that rooms originally shown as shops or stores were let and used as dwelling accommodation, and that one room used as a private office did not become business premises.
Daya and Others (Criminal Appeal No. 18 of 1953; Criminal Appeal No. 19 of 1953; Criminal Appeal No. 20 of 1953) [1953] EACA 27 (1 January 1953)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 18 of 1953 ; Criminal Appeal No. 19 of 1953 ; Criminal Appeal No. 20 of 1953
Judge
Hearne CJ, Mayers J, Rudd J
The court held that subsequent purchasers of a new building were not liable under the by-law for a permit missing before their purchase, and quashed the convictions.
Daya and Others v City Council of Nairobi (Criminal Appeals Nos. 18, 19 and 20 of. 1953) [1953] EACA 42 (1 January 1953)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 18, 19 and 20 of. 1953
Judge
Hearne CJ, Mayers J, Rudd J
The court held that liability under the Nairobi building by-law attached to the person who first allowed occupation, not to later purchasers who lacked knowledge.
Mombasa Municipal Board v Amarshi (Criminal Appeal No. 521 of 1951) [1952] EACA 325 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 521 of 1951
Judge
Windham J
The court held that “waste matter” in a municipal by-law includes waste water, rejecting an ejusdem generis argument that would limit it to solid refuse.
Municipal Board of Mombasa v Karaji (Criminal Appeal No. 279 of 1950) [1952] EACA 311 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 279 of 1950
Judge
Bourke J, Hearne CJ
The court held that second-hand lorry parts and tyres kept for use could amount to a “store” under the by-law, even without sales. The acquittal was set aside.
Rex v Singh (Criminal Appeal No. 379 of 1946) [1947] EACA 77 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 379 of 1946
Judge
Bourke J, Thacker J
The court held that the appellant's act of placing a modified ambulance body, with wheels removed and the back taken out to serve as a shed, on his plot within the municipal area constituted the erection of a new building within the meaning of By-law 106 of the Nairobi Municipality By-laws, 1944. The court reasoned that the structure, having three sides, a floor, and a roof, was reasonably considered a building. The by-law's scope was not limited to buildings for human habitation, and the appellant's lack of explanation for the structure's purpose further supported the inference that it was i…
Din and Another v Haji and Another (Criminal Revision Case No. 288 of 1945) [1946] EACA 54 (1 January 1946)
Court
East African Court of Appeal
Case number
Criminal Revision Case No. 288 of 1945
Judge
Horne J, Sheridan CJ
The court held that By-law 99 targeted a building’s class of use, not room-by-room misuse. Using kitchens or stores as bedrooms did not prove a breach.
Rex v Mohindra (Criminal Appeal No. 80 of 1946) [1946] EACA 59 (1 January 1946)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 80 of 1946
Judge
De Lestang, Ag. J, Thacker J
The court held that an acquittal under one Nairobi by-law did not bar a later charge under a different by-law, and reduced an unlawful sentence to comply with the by-laws.