[1927] EACA 20

[1927] EACA 20

The court held that the statutory definition of 'servant' under section 2 of the Employment of Natives Ordinance does not include clerks. Since the accused was employed as a clerk, he does not fall within the scope of persons regulated by the Ordinance for the purposes of the conviction. The conviction was therefore...

Source-derived case information.

Citation
[1927] EACA 20
Parties
Respondent: Crown; Appellant: Getari wa Kachuqu
Court
East African Court of Appeal
Jurisdiction
Uganda
Case Number
Revision Case No. 22 of 1927
Procedural Posture
Criminal Revision / Judgment
Outcome
conviction set aside
Judges
Sheridan, J
Legal Topics
Definition of Servant, Employment of Natives, Statutory Interpretation
Source Language
en
Criminal Law Definition of Servant Employment of Natives Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Crown

Respondent

Getari wa Kachuqu

Appellant

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 Whether a clerk falls within the definition of 'servant' under section 2 of the Employment of Natives Ordinance (Cap. 139).

Ratio Decidendi

The court held that the statutory definition of 'servant' under section 2 of the Employment of Natives Ordinance does not include clerks. Since the accused was employed as a clerk, he does not fall within the scope of persons regulated by the Ordinance for the purposes of the conviction. The conviction was therefore set aside and the fine ordered to be repaid.

Court Disposition

conviction set aside

Orders

  • The conviction is set aside.
  • The fine ordered to be repaid to the accused.