238 in re mohamed husein sharif jiwa misc civ cause 3

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238. In re Mohamed husein Sharif Jiwa , Misc. Civ. Cause 3-A-67; 17/7/67; Platt, J. Settlor established a trust for the benefit of his wife and children. The income was to be used for their maintenance education and advancement until all of the children attained (1967) H.C.D. - 67 – Their majority. At that time, the property was to be sold and the proceeds distri- buted to the beneficiaries. In this application the trustees requested authorization to depart from the terms of the trust and distribute the trust property itself rather than selling the property and distributing the proceeds. There was evidence that all of the beneficiaries preferred such a disposition and that it was in their best interests. Held: (1) The law relating to trust and trustees in force in England on 1 st January 1922 applies in Tanganyika. [Land (Law of Property and Conveyancing) Ordinance, Cap. 114, s. 2.] A declaration was made under section 10 of the Act stating that the Trustee Act 1893 (England) is still applicable. Citing Elfie Hei- nrichsdorff-Gies & Another v. Henry George Dodd & Another (1960) E.A.327; Parry v. Carson (1963) E.A. 91. (2) The general rule in England in 1922 was that trustees were required to carry out the exact terms of the trust, However, if all the beneficiaries were sui juris, and acting under no incapacity or undue influence, consented or concurred in a breach of trust after being fully informed of the cir- cumstances, the court could relieve the trustees from liability. Citing Chapman v.
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Chapman (1954) A.C. 429. (3) In the present case these conditions were met and the beneficiaries all consented to the breach. The distribution of the trust property was ordered. 239. Issa s/o Kibwana v. R., Crim. App. 81-D-67; 27/7/67; Hamlyn, J. Accused was convicted of robbery after entering an unequivocal plea of guilty to the charge. Held: Section 313 (1) of the Criminal Procedure Code provides that no appeal is permissible in so far as conviction is concerned, upon a plea of guilty being recorded. The appeal against conviction was rejected as inadmissible, and the appeal against sentence was summarily rejected because accused had re- ceived the minimum sentence prescribed. 240. Leo Albera v. R., Crim. App. 477-M-67; 25/7/67; Cross, J. Set out below is the complete judgment in this case. “Under the provisions of section 313(2) of the Crim Proc. Code this judgment is not appeal able since the fine imposed on each count is less than Shs. 100/- except with the leave of the High Court. “The accused has not applied for such leave and in any case I see no good rea- son why leave should be granted and the appeal, which I shall treat as an appli- cation for leave to appeal, is therefore refused.” 241. Ali s/o Mohamed v. R., Crim. App. 561-D-67; 24/6/67; Hamlyn, J. Accused was convicted of stealing, on evidence the High Court found wholly suf- ficient. The magistrate stated, however, that accused had “failed to prove the clothes in question were his,” this being his main defence.
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