377 waziri so abdallah v r crim app 273 d 68 12768

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377. Waziri s/o Abdallah v. R ., Crim. App. 273-D-68, 12/7/68, Georges C. J. Accused, the secretary of a cooperative society, was convicted of three counts of stealing by servant [P.C. 265 ss. 271] and was sentenced to two years impri- sonment and 24 strokes under the Minimum Sentences Act. There was evidence that accused knowingly submitted vouchers to the treasurer of the society for traveling expenses and “posho” which were in excess of the amount due to him and as a result received excess payment of three occasions of Shs. 21/-, Shs. 27/- and Shs. 48/-. Held : The crime was obtaining money by false pretences rather than of stealing. Conviction for obtaining money by false pretences substituted, and sen- tence reduced to imprisonment of one year as the Minimum Sentences Act was not applicable to the substitute conviction. 378. Andogwisye s/o Mwambungu , Crim. App. 294-M-68, Seaton J. Accused, an Executive Officer in a region Police office was convicted of six counts of stealing by public servant [P.C. s. 270]. The main question on appeal arose in connection with five counts concerning premium monies received by ac- cused in respect of insurance policies held by police constables. The Regional Commander testified that he had been instructed by the Inspector-General of Po- lice to act as agent, receiving premiums from policy holders for transmission to the insurance company. This duty was delegated to accused. The evidence ac- cepted by the court showed that accused had failed to had failed to hand over some Shs. 2000/- in premium payments, as a result of which many police poli- cies lapsed. Held: The premiums were the property of the insurance company, not the Government, and accused received them as an agent of the company. The “fail- ure to deal specifically with the question of employment and to make and finding
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of fact thereon was a serious misdirection.” [Citing Rajabu s/o Mbaruku v. R., (1962) E.A. 669]. Convictions under section 265 of the Penal Code substituted (simple theft) and sentences of twelve months imposed. Order for compensation to Government altered to require compensation to insurance company. 379. National and Grindlays Bank, Ltd. v.Mohamedali Shariff , Bankruptcy Cause 6-D-67, -/8/68, Hamlyn J. Petitioner creditor brought an action to have the debtor adjudge bankrupt. The petition was accepted by the court and a receiving order made. Section 20 (1) of the Bankruptcy Ordinance, Cap. 25, provides that after the creditors Ordinance, Cap. 25, provides that after the creditors have met, if they do not agree to a composition or other scheme as provided in the Ordinance, the debtor (1968)H.C.D. - 145 – Shall be adjuged bankrupt. The proper procedures under section 20(1) were complied with, whereupon the creditor now seeks an adjudication of bankruptcy. The debtor at this point alleges that because of certain “irregularities” in the credi- tor’s claim, the question of whether there was an ct of bankruptcy at all should be reopened. The creditor argued that once the petition of bankruptcy was accepted
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  • Fall '17
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