Wakilii

Rex v Nurmohamed Jessa and Others (Criminal Appeals Nos. 261, 262 and 263 of 1945)

East African Court of Appeal · [1945] EACA 38 · 1945 Appeals Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeals from conviction in District Court, following High Court decision that dismissed two appeals and allowed two others
Decision
All accused acquitted; convictions set aside; fines refunded to the firm

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal held that Regulation 4(1)(g) of the Defence (Control of Prices) Regulations, 1943 must be construed to apply only to traders acting in the course of their trading. A purely literal construction would make it impossible for soap manufacturers to operate without committing an offence, as they would inevitably possess non-conforming soap during the manufacturing process. The prosecution failed to prove that the soap had passed from the manufacturer as such to the trader as such. The appeals were allowed and convictions quashed.

Outcome

All accused acquitted; convictions set aside; fines refunded to the firm

Facts

Four partners trading as Nurmohamed Jessa manufactured and sold soap. Shortly after manufacture, soap was found on their trade premises containing 6.6% and 7.5% matter insoluble in rectified spirit, exceeding the 1% permitted under the Defence (Manufacture and Sale of Soap) (No. 2) Order, 1943. They were charged with being in possession of non-conforming soap contrary to Regulation 4(1)(g) of the Defence (Control of Prices) Regulations, 1943. The District Court convicted them and imposed a fine of Sh. 500 on the firm. On first appeal, the High Court set aside the convictions of the first and third accused on procedural grounds but upheld the convictions of the second and fourth accused, altering the finding and apportioning the fine. The second and fourth accused appealed to the Court of Appeal, and the Crown cross-appealed regarding the first and third accused.

Issues

  1. Whether Regulation 4(1)(g) of the Defence (Control of Prices) Regulations, 1943 applies to a manufacturer in possession of soap that does not conform to prescribed standards before the soap has passed from the manufacturer as such to the trader as such.
  2. Whether a firm of partners can be convicted and fined as a firm under Regulation 25 of the Defence (Control of Prices) Regulations, 1943.
  3. Whether the magistrate had authority to dispense with the attendance of accused persons represented by an advocate in a non-felony case.

Orders

  • Appeals of the second and fourth accused allowed.
  • Convictions quashed.
  • Whole fines paid to be returned to the firm.
  • Crown appeal becomes of academic interest and need not be determined.

Rules and key headnotes

Statutory Interpretation — Price Control Regulations — Construction to Avoid Absurdity
Where a literal construction of a regulation would produce an absurd result making it impossible to carry on a lawful business, the court must adopt a construction that gives effect to the legislature's purpose and intention.
Criminal Law — Possession Offences — Manufacturer versus Trader
Regulation 4(1)(g) of the Defence (Control of Prices) Regulations, 1943 must be construed as applying to a trader acting in the course of trading. Possession by a manufacturer during the manufacturing process before goods are ready for sale does not constitute possession by a trader for purposes of the regulation.
Criminal Law — Firms — Capacity to be Convicted
A firm of partners can be convicted and sentenced under Regulation 25(1) of the Defence (Control of Prices) Regulations, 1943 by virtue of the definition of 'person' in the Interpretation Ordinance as including 'any body of persons, corporate or incorporate'.
Criminal Procedure — Dispensing with Attendance of Accused
In a case not constituting a felony where the accused is represented by an advocate, the magistrate has power under section 97 of the Criminal Procedure Code to dispense with the attendance of the accused.

Legislation cited (8)

  • Defence (Control of Prices) Regulations, 1943 Regulation 4(1)(g)
  • Defence (Control of Prices) Regulations, 1943 Regulation 25(1)
  • Defence (Control of Prices) Regulations, 1943 Regulation 25(2)
  • Defence (Manufacture and Sale of Soap) (No. 2) Order, 1943 clause 3(2)(c)
  • Criminal Procedure Code, 1930 s.197(1)
  • Criminal Procedure Code s.97
  • Interpretation Ordinance Cap. I s.2
  • Penal Code

Full judgment

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

Rex v Nurmohamed Jessa and Others (Criminal Appeals Nos. 261, 262 and 263 of 1945) [1945] EACA 38 (1 January 1945)
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.