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1 Jan 1955

Criminal Law [1955] EACA 334

Regina v Nassa Ginners Limited

Regina v Nassa Ginners Limited (Criminal Appeal No. 79. of 1955) [1955] EACA 334 (1 January 1955)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 79. of 1955
Judge: Briggs, JA, Nihill P, Worley VP

The Court of Appeal held that the respondent company failed in its statutory duty to securely fence the transmission machinery. The existence of a door in the fence, which could be opened while the machine was in motion for lubrication purposes, created a foreseeable risk of injury, even if employees were instructed not to open it while the machine was running. The duty to fence securely is not satisfied by instructions alone; the occupier must anticipate and guard against foreseeable lapses, including carelessness or deliberate disobedience by employees. The company could have implemented a…

Source excerpt

Factory Safety
Vicarious Liability
Duty To Fence
Workplace Accidents
Statutory Compliance

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1 Jan 1950

Criminal Law [1950] EACA 428

Meghji v Reginam

Meghji v Reginam (Criminal Appeal No. 455 of 1955) [1950] EACA 428 (1 January 1950)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 455 of 1955
Judge: Bacon, JA, Mahon, ACJ (Tanganyika), Worley, P

The Court held that section 75 of the Factories Ordinance, 1950, creates a distinct and independent offence for causing injury as a result of a contravention, separate from the offence of failing to fence machinery under section 23(1). The charges are not merely alternative, and both may be properly brought. The inference drawn by the Resident Magistrate that the complainant's injury was caused by the exposed gear-wheels was reasonable and supported by the evidence. The High Court erred in substituting a conviction under section 23(1) and reducing the fine, as the conviction and sentence unde…