EAST AFRICA PROTECTORATE. Court's 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, 1897-1905. WITH APPENDICES CONTAINING NOTES ON NATIVE CUSTOMS, APPEAL COURT RULES HIGH COURT RULES, CIRCULARS, &c. COMPILED BY R. W. HAMILTON, Principal Judge, High Court. STANFORD LIBRARY LONDON: STEVENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE, Law Publishers. 1906. INTRODUCTION. THE HE cases herein contained have been selected for report as illustrating the laws and customs existing in the Protectorate, and the practice and procedure of the Courts. Two appendices are added, Appendix I. containing notes on the customs of the more important tribes, and Appendix II. a reprint of :- (1.) The Eastern African Protectorates (Court of Appeal) Order in Council 1902. (2.) The Appeals Ordinance 28 of 1902. (3.) The Rules of the Court of Appeal. (4.) The Legal Practitioners' Rules (8 of 1901). (5.) Rules for Legal Practitioners appearing in Native Courts, dated October 23rd, 1899. (6.) Existing High Court Rules. (7.) Circulars to Magistrates and Office Rules. The laws administered in the Protectorate are varied, being as follows:- (a.) Among Mahomedan natives in the dominions of the Sultan of Zanzibar, Mahomedan law, or the Sheriah as expounded by the Shafei school of commentators. (b.) Among natives in the rest of the Protectorate, native law and custom, provided it is not repugnant to justice or morality; and among all natives such Acts and Ordinances as are specifically applied to them (vide Ordinance 2 of 1903). (c.) Among non-natives, applied Indian Acts, local Ordinances and Regulations, and where these are inapplicable the Common and Statute law of England existing at the time of the passing of the Order-in-Council, 1897. The growth of the powers and jurisdiction of the Courts on the mainland has been gradual. The I. B. E. A. Co. commenced to administer what is known as the "Coast strip" (i.e., the dominions. of the Sultan of Zanzibar leased from him) in 1899. Prior to that date a Consular Court had existed in Zanzibar only, but the following table shows the subsequent evolution of the Courts on the mainland:1890. A British Court was instituted by the I. B. E. A. Co. at Mombasa, presided over by an English barrister. 1896. The Government, having taken over the administration of the Country from the Company, a "Legal Vice-Consul" was appointed to preside over the Court. 1897. Under the Order-in-Council, 1907, the Protectorate Court was formed, presided over by a "Judicial Officer." 1899. By a further Order-in-Council the Judicial Officer received the title of "H.M. Judge." 1901. A second Judge was appointed as assistant to H.M. Judge. 1902. By the Order-in-Council, 1902, the "High Court for East Africa" was created and two Judges appointed by Royal Commission. * For the greater part of the information contained in Appendix I., I am largely indebted to a number of memoranda and reports made between the years 1898-1901 by various district officers at the instance of Judge Cator. These have been compared and corrected with reference to each other, and to decided cases in which questions of custom have arisen. Other sources from which information has been drawn are the published works of persons conversant with native customs and enquiries which have come under the notice of the Courts. To all those who have contributed such information, and particularly to Mr. Hollis, I would express my thanks and the hope that with like aid it may be further corrected and enlarged in the future. R. W. HAMILTON. MOMBASA, June, 1906. *The appointment of a third Judge has been sanctioned in 1906. |