[1927] EACA 26
The court held that the sum advanced to the accused could not be artificially split to invoke criminal penalties under section 53 of the Employment of Natives Ordinance. The advances were made over time and not as a single advance under the current contract. Furthermore, the rescission of the contract and the grant...
Source-derived case information.
- Citation
- [1927] EACA 26
- Parties
- Appellant: Ashuala s/o Sandalo; Respondent: Messrs. Nottage & Allen
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Revision Case No. 113 of 1927
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- convictions quashed; accused released
- Judges
- Sheridan, J
- Legal Topics
- Employment of Natives, Advance of Wages, Contract Rescission, Criminal Penalties, Civil Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ashuala s/o Sandalo
Appellant
Messrs. Nottage & Allen
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether advances made to the accused could be split up to bring the case within section 53 of the Employment of Natives Ordinance (Cap. 139).
- 2 Whether the rescission of the contract and grant of leave relegated the employer to a civil action for recovery of sums owed.
Ratio Decidendi
The court held that the sum advanced to the accused could not be artificially split to invoke criminal penalties under section 53 of the Employment of Natives Ordinance. The advances were made over time and not as a single advance under the current contract. Furthermore, the rescission of the contract and the grant of leave meant that the employment relationship had ended, and any sums owed by the accused to the employer could only be recovered through civil proceedings, not by way of criminal conviction. The Attorney-General did not support the convictions, and the court found the Magistrate's reasoning untenable, leading to the quashing of the convictions and orders.
Court Disposition
convictions quashed; accused released
Orders
- The convictions and consequential orders are quashed.
- The accused is ordered to be released.
Full Case Text
Judgment text and source record
10 paragraphs
## CRlMJ. NAL REVISION ..
·105,
Before· **SHERIDAN, J.** .
MESSRS. NOTTIDG'. E .& . ALLEN
## *v.* ASHUALA' s/o SANDALO.
## Revision Case 113/1927 .
. Employment of Natives Ordinance (Cap. 139), section 53-penalty '· · on servant leaving service before working ofl. an advance. of wages .
*. ]teld:* ...:..... That the sum advanced, cannot .be split up for the purpose of bringing the case within Section 63. · •
ORDER.-Th\_e accused was ill for twenty~one days and thereafter was granted leave; he had been engaged on a thirty-days' contract.· As· the employer admitted the\_ Sb. 79 was made up of amounts advanced to. the accused from time to time. • The ingenious view of the Magistrate that this sum can be split up for the purpose of bringing the case within section 53, Cap. 139, is in my opinion untenable. It has to be looked at as a whole and it is clearly not an advance on occounL of a curreut contract. Furthermore, the rescission of the contract on the grant of leave had the effect of relegating the employer to a civil action for the recovery of any sum owing by his former servant. The Honourable the Attorney-General does not wish to support· the convictions. .
The convictions and consequential orders are quashed and the accused ordered· to· be released ..