Wakilii

Regina v Nassa Ginners Limited (Criminal Appeal No. 79. of 1955)

East African Court of Appeal · [1955] EACA 334 · 1955 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Crown appeal from High Court order quashing conviction by Resident Magistrate
Decision
Conviction and sentence of Sh. 1,000 fine restored against respondent company for causing death by failure to fence securely

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal held that an occupier's duty to fence transmission machinery securely extends to foreseeing that employees may deliberately disregard safety instructions. Where a fence contains a gap intended for regular use, the occupier must ensure the gap cannot be left open when machinery is in motion. Giving instructions alone does not satisfy the duty. The appeal was allowed, the High Court order set aside, and the trial magistrate's conviction restored.

Outcome

Conviction and sentence of Sh. 1,000 fine restored against respondent company for causing death by failure to fence securely

Facts

Nassa Ginners Limited operated a cotton ginnery containing a cotton opener machine with transmission machinery requiring secure fencing under the Factories Ordinance 1950. An L-shaped fence of expanded metal was provided, with a door in the short arm that could be opened for lubrication. Employee Petro was charged with lubricating the machine at hourly intervals and was under strict orders to stop the machine before opening the door. On 25 June 1954, Petro opened the door without stopping the machine. His clothing caught in the belt, he was severely injured, and died the next day. The company was prosecuted for causing death by failure to fence securely. The trial magistrate convicted. The High Court quashed the conviction, finding the company had securely fenced the machinery and that Petro had rendered the fencing insecure by his own breach of orders. The Crown appealed.

Issues

  1. Whether the respondent company had securely fenced transmission machinery as required by the Factories Ordinance 1950.
  2. Whether the duty to fence securely extends to foreseeing that an employee may deliberately disregard safety instructions.
  3. Whether a first appellate court that reverses a finding of fact by the trial court raises a question of law.
  4. Whether the test of 'foreseeability' applies in determining whether fencing is secure under section 22 of the Factories Ordinance.

Orders

  • Appeal allowed.
  • Order of High Court set aside.
  • Conviction entered by trial magistrate restored.
  • Sentence imposed by trial magistrate restored.

Rules and key headnotes

Factory Safety — Duty to Fence Transmission Machinery — Extent of Duty Where Fence Contains Gap for Regular Use
Where a fence around transmission machinery contains a gap intended to be regularly used and closed only in intervals between times of use, the occupier's duty is to ensure that the gap cannot be left open in such manner as to produce general insecurity even for short periods. The occupier must ensure that a door in the fence cannot be opened if the machinery is in motion.
Factory Safety — Duty to Fence Securely — Instructions to Employees Insufficient
The duty to fence transmission machinery securely cannot be performed merely by giving instructions which, if followed, will ensure safety. The occupier must foresee not only that an employee may do his work carelessly or forgetfully, but also that he may deliberately and in breach of orders disregard precautions in order to save himself trouble and reduce the amount of his work.
Factories Ordinance — Test of Foreseeability — Two Applications Under the Ordinance
The test of foreseeability has two applications under the Factories Ordinance. In cases under section 23, it must be applied in determining whether a particular piece of machinery is dangerous. In cases under section 22, the test of foreseeability is the proper test in deciding whether fencing is secure, though it does not apply to determine whether machinery is dangerous because all transmission machinery is assumed to be dangerous.
Appeal — Reversal of Findings of Fact — Question of Law
The question whether a first appellate court which has reversed a finding of fact of the trial court had sufficient grounds for doing so is a question of law.

Legislation cited (5)

  • Factories Ordinance 1950 s.22(1)
  • Factories Ordinance 1950 s.23(1)
  • Factories Ordinance 1950 s.72(1)
  • Factories Ordinance 1950 s.73
  • Factories Ordinance 1950 s.75

Cases cited (13)

  • R v Seymour (38 CAR 68)
  • Wachira v R (21 EACA 398)
  • Burns v Joseph Terry & Sons Ltd ([1950] 2 All ER 987)
  • Jackson v National Coal Board ([1955] 1 WLR 132)
  • Smith v Chesterfield & District Co-operative Society Ltd ([1953] 1 All ER 447)
  • Lyon v Don Brothers Buist & Company Ltd ([1944] SC (J) 1)
  • Charles v S Smith & Sons (England) Ltd ([1954] 1 All ER 499)
  • Frost v John Summers Ltd ([1954] 2 WLR 794)
  • R v Taylor ([1908] 2 KB 237)
  • Pugh v Manchester Dry Docks ([1954] 1 WLR 389)
  • Wraith v Flexile Metal Co Ltd ([1934] KB 24)
  • Burns v Joseph Terry & Sons Ltd ([1951] 1 KB 454)
  • John Summers & Sons Ltd v Frost (The Times, 25 March 1955)

Full judgment

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

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