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Crown v Gatune wa Kamau (Revision Case No. 138 of 1927) [1927] EACA 30 (1 January 1927)
- Citation
- [1927] EACA 30
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Sheridan, J
- Case number
- Revision Case No. 138 of 1927
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Sheridan, J
- Case number
- Revision Case No. 138 of 1927
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that maintaining cattle on a farm in excess of the number allowed by contract does not constitute a criminal offence under the Resident Native Labourers' Ordinance. The existence of excess cattle may provide grounds for rescission of the contract between the occupier and the squatter, but it does not render the squatter criminally liable. Accordingly, the conviction was quashed and the fine ordered to be refunded.
Court disposition
conviction quashed
Orders
- The conviction is quashed.
- The fine is to be refunded.
02
Material facts
Parties
Crown
AppellantGatune wa Kamaij
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
Whether maintaining cattle on a farm in excess of the number allowed by contract constitutes a criminal offence under the Resident Native Labourers' Ordinance.
Party arguments
- Applicant
- The Crown argued that the respondent maintained more cattle on the farm than permitted by the contract, which should constitute an offence under the Resident Native Labourers' Ordinance.
- Respondent
- The respondent contended that exceeding the contractual number of cattle is not a criminal offence and, at most, may be a civil matter between the occupier and the squatter.
05
Court’s reasoning
Legal principles
- 01
Resident Native Labourers' Ordinance, section 10
There is no criminal offence for maintaining cattle on a farm in excess of the number allowed by contract under the Resident Native Labourers' Ordinance.
06
Ratio, limits and disposition
Ratio decidendi
The court held that maintaining cattle on a farm in excess of the number allowed by contract does not constitute a criminal offence under the Resident Native Labourers' Ordinance. The existence of excess cattle may provide grounds for rescission of the contract between the occupier and the squatter, but it does not render the squatter criminally liable. Accordingly, the conviction was quashed and the fine ordered to be refunded.
Obiter and limits
- The fact of having excess cattle may be a ground for rescission of the contract but does not amount to a criminal offence.
Court disposition
conviction quashed
- The conviction is quashed.
- The fine is to be refunded.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
Before SHERIDAN, ;f •.
CROWN
GATUNE wa KAMAIJ .
.1:tflvision C11se 138 / 1 O'..:l7.
The Resident ¥afr•e Labourers' Ordinam,e, section !();-movement and branding of resident natives' cattle.
*Held* : -That there is no such offence as maintaining · cattle on· a farin in excess of the number allowed by contract.
In the original case (Criminal Case. 87/1927 in. the Third. Class Court at· \_Fort Hall) the accused was ccnvilted .)f having maintained on a farm cattle 'in excess of the number .allowed. on his contract.
0RDER.-There is no such offence as mainfaining cattle on a. farm in excess of the number allowed by contract. The. fact of having an excess may be a ground for rescission of the contract between· the occupier. and the squatter but it does not , render the latter liable to conviction ..
The conviction is quashed and the fine directed to be refunded.
*v.*
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