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Rex v Ali (Criminal Appeal No. 188 of 1946)

East African Court of Appeal · [1946] EACA 49 · 1946 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from Supreme Court of Kenya, which had dismissed appeal from Resident Magistrate's Court at Kisumu
Decision
Appeal dismissed with magistrate's order verbally varied to clarify that the sugar should be disposed of (not forfeited) to the Regional Distribution Officer for allocation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that sugar is not perishable within Regulation 27(1), and the magistrate's order was made under Regulation 27(2). Neither the Defence (Control of Distribution and Rationing of Foodstuffs) Regulations nor Regulation 96 of the Defence Regulations 1939 provide for forfeiture as a penalty. The magistrate had power under Regulation 96(2) to order disposal of the sugar, and no forfeiture order was necessary since the appellant had no legal right to illegally possessed sugar. The order for disposal to the Regional Distribution Officer was properly made in the interest of public safety. Appeal dismissed with the magistrate's order verbally varied to remove the word 'forfeited'.

Outcome

Appeal dismissed with magistrate's order verbally varied to clarify that the sugar should be disposed of (not forfeited) to the Regional Distribution Officer for allocation

Facts

The appellant was convicted by the Resident Magistrate at Kisumu of being in possession of 25 bags of sugar which had not been obtained by means of coupons issued by the authority, contrary to Regulation 16(1) of the Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944. He pleaded guilty and was sentenced to a fine of Sh. 1,000 or 4 months' simple imprisonment in default. The magistrate additionally ordered that the 25 bags of sugar be forfeited and returned to the Regional Distribution Officer for allocation. The appellant appealed to the Supreme Court of Kenya against the forfeiture order, arguing that sugar was perishable and therefore compensation should be paid under Regulation 27(1). The Supreme Court dismissed the appeal. The appellant then appealed to the Court of Appeal for Eastern Africa.

Issues

  1. Whether sugar is 'of a perishable nature' within the meaning of Regulation 27(1) of the Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944.
  2. Whether the magistrate had power to order forfeiture of the sugar under Regulation 27(2) and Regulation 96 of the Defence Regulations 1939.
  3. Whether the order for disposal of the sugar to the Regional Distribution Officer was properly made in the interest of public safety under Regulation 96(4).

Orders

  • Appeal dismissed.
  • Magistrate's order verbally varied to remove reference to forfeiture.
  • Order for disposal of sugar to Regional Distribution Officer for allocation confirmed.
  • No compensation payable to Ali bin Naji.

Rules and key headnotes

Criminal Law & Procedure — Defence Regulations — Rationing Offences — Nature of Sugar
Sugar is not 'of a perishable nature' within the meaning of Regulation 27(1) of the Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944.
Statutory Interpretation — Defence Regulations — Forfeiture — Absence of Express Provision
Neither the Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944 nor Regulation 96 of the Defence Regulations 1939 contain any provision for forfeiture of seized articles, and forfeiture cannot be imposed as a penalty where not expressly provided for in the penalty provisions of the relevant regulations.
Criminal Law & Procedure — Defence Regulations — Disposal of Seized Articles — Regulation 96(2)
Where an accused person is convicted of illegal possession of goods seized as evidence of a war offence, the court has power under Regulation 96(2) of the Defence Regulations 1939 to order the destruction or disposal of the article, and no separate order of forfeiture is necessary where the convicted person has no legal right to the goods.
Administrative Law — Defence Regulations — Public Safety — Disposal of Rationed Goods
An order for disposal of rationed foodstuffs to the Regional Distribution Officer for allocation is properly made in the interest of public safety under Regulation 96(4) of the Defence Regulations 1939 where there is a shortage of the foodstuff due to war conditions and the foodstuff is rationed under the Defence Regulations.
Criminal Law & Procedure — Defence Regulations — Standing to Challenge Disposal Orders
An accused person who has been convicted of illegal possession of goods and who has no legal right to those goods has no locus standi to object to the court's order as to the disposal of the goods.
Administrative Law — Defence Regulations — Continuation After Hostilities — Executive Discretion
Defence Regulations enacted to safeguard food supplies and ensure fair distribution remain in force after the cessation of hostilities until peace treaties are concluded, and it is for the Executive to decide when and in what respects such regulations should be revoked based on considerations of public safety.

Legislation cited (6)

  • Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944 Regulation 16(1)
  • Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944 Regulation 27(1)
  • Defence (Control of Distribution and Rationing of Foodstuffs) Regulations 1944 Regulation 27(2)
  • Defence Regulations 1939 Regulation 96
  • Defence Regulations 1939 Regulation 96(2)
  • Defence Regulations 1939 Regulation 96(4)

Cases cited (1)

  • King v The Governor of Wormwood Scrubs Prison [1920] 2 KB 305

Full judgment

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

Rex v Ali (Criminal Appeal No. 188 of 1946) [1946] EACA 49 (1 January 1946)
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.