[1927] EACA 34
The sum advanced to the accused was not a single advance on account of a current contract but consisted of amounts given from time to time. Section 53 of the Employment of Natives Ordinance does not permit splitting up such advances to create criminal liability. The rescission of the contract and grant of leave...
Source-derived case information.
- Citation
- [1927] EACA 34
- Parties
- Defendant: Ashuala s/o Sandalo; Respondent: Attorney-General
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Revision Case 113/1927.
- Procedural Posture
- Criminal Revision / Revision
- Outcome
- convictions quashed; accused released
- Judges
- Sheridan, J
- Legal Topics
- Advance of Wages, Employment Contracts, Criminal Liability of Employee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ashuala s/o Sandalo
Defendant
Attorney-General
Respondent
Procedural Posture
Criminal Revision / Revision
Legal Issues
- 1 Whether the sum advanced to the accused can be split up to bring the case within section 53 of the Employment of Natives Ordinance (Cap. 139).
- 2 Whether the accused's departure from service before working off the advance constitutes a criminal offence under section 53.
- 3 Effect of contract rescission and grant of leave on the employer's remedy.
Ratio Decidendi
The sum advanced to the accused was not a single advance on account of a current contract but consisted of amounts given from time to time. Section 53 of the Employment of Natives Ordinance does not permit splitting up such advances to create criminal liability. The rescission of the contract and grant of leave further removed the matter from the scope of criminal law, relegating the employer to civil remedies. The convictions were therefore unsustainable and were quashed.
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
11 paragraphs
## CRIMINAL REVISION.
Before SHERIDAN, J.
MESSRS. NOTTIDGE & ALLEN
Ú.
## ASHUALA s/o SANDALO.
## Revision Case 113/1927.
Employment of Natives Ordinance (Cap. 139), section 53-penalty on servant leaving service before working off an advance of wages.
Held: That the sum advanced cannot be split up for the purpose of bringing the case within Section 53.
ORDER.—The 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 Sh. 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 account of a current 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. $\quad \textbf{The} \quad$ 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.
$105.$