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Adan v Rex (Criminal Appeal No. 133 of 1949)

East African Court of Appeal · [1949] EACA 46 · 1949 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court of Tanganyika Territory dismissing appeal from District Court conviction
Decision
Conviction and sentence upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the Somali Census Order 1948, which included Ishakias within the definition of Somalis for census purposes, was not ultra vires the Census Ordinance 1948. The Governor in Council had power under section 3(1) to direct a census of any class of inhabitants, and it was unnecessary to inquire whether Ishakias were ethnographically or historically Somalis. The Order validly required a census of both Somalis and Ishakias as parts of the Territory's inhabitants.

Outcome

Conviction and sentence upheld

Facts

The appellant was convicted by the Shinyanga District Court of an offence contrary to section 16(2)(a) of the Census Ordinance 1948, namely neglecting without lawful excuse to fill up a census form delivered to him under the Ordinance. He was sentenced to pay a fine of Sh. 150 or in default undergo two months' imprisonment with hard labour. The High Court of Tanganyika Territory dismissed his appeal. The appellant challenged the validity of the Somali Census Order 1948, which at paragraph 2(3) stated that the word 'Somali' includes Ishakias. The appellant contended that Ishakias are ethnographically and historically not Somalis, and therefore the Order was ultra vires the Census Ordinance 1948.

Issues

  1. Whether the Somali Census Order 1948 was ultra vires the Census Ordinance 1948 by including Ishakias within the definition of Somalis when Ishakias are ethnographically and historically not Somalis.

Orders

  • Appeal dismissed.

Rules and key headnotes

Administrative Law — Delegated Legislation — Validity — Power to Define Classes for Census Purposes
Where an ordinance empowers the Governor in Council to direct a census of any class of inhabitants, an order directing a census of Somalis and defining that term to include Ishakias is not ultra vires, as both groups constitute parts of the Territory's inhabitants and it is unnecessary to inquire whether the groups are ethnographically or historically identical.
Statutory Interpretation — Definitions in Subordinate Legislation — Inclusive Definitions
An inclusive definition in subordinate legislation that extends a term to cover additional groups does not necessarily constitute a misclassification requiring ethnographic or historical inquiry, but may validly serve the administrative purpose of grouping inhabitants for census purposes under the enabling power.

Legislation cited (5)

  • Census Ordinance 1948 s.3
  • Census Ordinance 1948 s.16(2)(a)
  • Somali Census Order 1948 para.2(1)
  • Somali Census Order 1948 para.2(3)
  • Tanganyika (Legislative Council) Order in Council 1926 art.19

Cases cited (1)

  • Khamis bin Ahmed v Ahmed bin Ahmed bin Ali bin Abdurahman and others (1 E.A.C.A. L.R. 130)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Adan v Rex (Criminal Appeal No. 133 of 1949) [1949] EACA 46 (1 January 1949)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.