East African Court of Justice - 1927

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4 judgments

Citation	Judgment date
January 1927
Crown v Waibunya (Revision Case 60/1927.) [1927] EACJ 3 (1 January 1927) Conviction under Cap. 139 set aside where charge lacked particulars and sentence unlawfully combined imprisonment and coercive fine. Employment of Natives Ordinance (Cap. 139) s.48(2) – criminal liability for neglect or wilful breach – necessity for specific findings identifying lawful act omitted and causal wilful breach/neglect/drunkenness – requirement for adequate particulars in charge (time, place, character) – sentencing: alternative punishments only; fines aimed at coercive compensation unlawful.	1 January 1927
Labour Inspector v Turner (Revision Case 114/1927.) [1927] EACJ 1 (1 January 1927) Occupier not criminally liable under section 10(1) for natives' excess stock or failure to obtain Magistrate approval; conviction quashed. Statutory interpretation – Resident Native Labourers' Ordinance – section 10(1) permissive re taking on stock; consent of occupier and Magistrate approval required for conditions but not expressed as a penal prohibition against occupiers. Criminal liability – occupier not automatically liable for natives' failure to obtain Magistrate approval or for natives' misconduct; rescission by Magistrate provided Procedure – improper to charge occupier in one count with allowing unlawful residence of an indefinite number of natives	1 January 1927
Ramuji v East African Power and Lighting Co. Ltd (C.C. 111/1926.) [1927] EACJ 4 (1 January 1927) Whether an advocate may claim Sh.70 attendance fee and taxation costs after a one‑sixth reduction of the bill. Rules of Court – Advocates’ remuneration – Attendance fee when case not reached – Construction of paragraph concerning notice on previous day (read as applying where no notice given) Taxation – Rule 41 – Effect of reducing bill by one-sixth – Disallowance of costs of preparation/service of bill and attendance fee on taxation Practice – Adherence to prior rulings for certainty in taxation practice	1 January 1927
Thika Sisal Co. Ltd v Njoroge (Revision Case 102/1927.) [1927] EACJ 2 (1 January 1927) Granting 14 days' leave under a 30-day engagement rescinded the contract, nullifying conviction for failing to work off an advance. Employment of Natives Ordinance (Cap. 139), s.53 – servant leaving service before working off advance of wages – effect of granted leave on continued existence of short-term contract; Leave of 14 days under 30-day contract — operates to rescind contract where statutory 42-day limit prevents remaining 30 days being available; Admission by accused is void where no legal obligation to return exists.	1 January 1927