Wakilii

Ikandi v Rex (Criminal Appeal No. 174 of 1941)

East African Court of Appeal · [1940] EACA 63 · 1940 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for possession of native spirituous liquor
Decision
Conviction on first count quashed

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that undistilled Nubian Gin (Muna) was not native spirituous liquor within the meaning of section 2 of the Native Liquor Ordinance, 1930. The term 'native spirituous liquor' as defined includes Nubian gin and other liquors prepared by natives by distillation. The word 'gin' connotes a liquor resulting from distillation. Charging possession of undistilled Nubian gin was fatal to conviction.

Outcome

Conviction on first count quashed

Facts

The appellant was charged with being in possession of about 360 gallons of undistilled Nubian Gin (Muna) in the Ngong Forest on 11 November 1941, contrary to section 4 of the Native Liquor Amendment Ordinance, 1941. A second count charged possession of apparatus for distilling Nubian Gin. The charge on the first count specifically described the substance as 'undistilled Nubian Gin Muna (Native Spirituous Liquor)'.

Issues

  1. Whether undistilled Nubian Gin (Muna) constituted 'native spirituous liquor' within the meaning of section 2 of the Native Liquor Ordinance, 1930

Orders

  • Appeal on the first count allowed

Rules and key headnotes

Elements of Offence — Possession of Native Spirituous Liquor — Definition
Undistilled Nubian Gin (Muna) is not native spirituous liquor within the statutory definition which requires liquors to be prepared or manufactured by natives by a process of distillation.
Definition of Terms — Native Spirituous Liquor — Ordinary Meaning of 'Gin'
The term 'native spirituous liquor' itself implies distillation and the word 'gin' connotes a liquor that has resulted from a process of distillation, not an undistilled substance.
Charging — Defective Charge — Fatal Variance
Where a charge alleges possession of 'undistilled Nubian gin' but the statutory offence requires possession of native spirituous liquor which by definition must be distilled, the use of the word 'undistilled' is fatal to conviction.

Legislation cited (3)

  • Native Liquor Amendment Ordinance 1941 s.4(1)
  • Native Liquor Amendment Ordinance 1941 s.4(2)
  • Native Liquor Ordinance 1930 s.2

Full judgment

↓ Download PDF

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

Ikandi v Rex (Criminal Appeal No. 174 of 1941) [1940] EACA 63 (1 January 1940)
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.