Mombasa Municipal Board v Amarshi (Criminal Appeal No. 521 of 1951)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that waste water falls within the expression 'waste matter of any description' in Mombasa Municipal By-law 137(a). The ejusdem generis rule does not apply because applying it would render 'waste matter of any description' redundant. Matter includes liquids as well as solids according to its dictionary meaning, and this interpretation is reasonable in context as the by-law was designed to prevent acts such as throwing slops into the street. The magistrate erred in law in holding the accused was not contravening the by-laws.
Outcome
Matter remitted to Magistrate to complete trial after determining whether prosecution proved all essential elements of the offence
Facts
The respondent was charged with contravening Mombasa Municipal By-law 137(a) by allowing waste water to pass into or flow upon a street or open space. At the close of the prosecution case, the Magistrate held that the respondent had not contravened the by-law. The prosecution applied for a case to be stated. By-law 137(a) prohibited throwing, depositing or allowing to pass into or upon a street or open space any refuse or waste matter of any description. By-law 130 defined refuse as non-liquid domestic refuse including garbage, tins, bottles, ashes and sweepings, but excluding garden refuse, stable refuse and factory waste products. The terms matter and waste matter were not defined in the by-laws.
Issues
- Whether waste water falls within the expression 'waste matter of any description' in Mombasa Municipal By-law 137(a)
- Whether the ejusdem generis rule of construction applies to limit 'waste matter' to solid matter only
Orders
- Appeal allowed
- Magistrate erred in law in holding the accused was not contravening the by-laws
- Case remitted to Magistrate for completion
- Magistrate directed to satisfy himself that prosecution proved all other essential elements before calling upon accused to answer the charge
Rules and key headnotes
Legislation cited (2)
- Mombasa Municipal By-law 137(a)
- Mombasa Municipal By-law 130
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.