Wakilii

Rex v Trivedy (Revision Case 1-1929)

East African Court of Appeal · [1929] EACA 164 · 1929 Convictions Upheld, Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision application from conviction by Resident Magistrate, Nakuru
Decision
Convictions upheld but sentence reduced to fine in view of firm's bankruptcy

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

A partner in a firm falls within the definition of 'employer' under section 2 of the Employment of Natives Ordinance and can be held criminally liable for withholding wages due to native employees. The fact that other partners are equally liable does not preclude imprisonment of one partner. Offences committed before the filing of a bankruptcy petition remain criminal offences notwithstanding subsequent adjudication in bankruptcy.

Outcome

Convictions upheld but sentence reduced to fine in view of firm's bankruptcy

Facts

The appellant was a partner in the firm of J. S. Trivedy and Co. He was convicted by the Resident Magistrate, Nakuru, for withholding wages due to certain native employees. After summonses were issued but before trial, the firm filed a bankruptcy petition and was adjudicated bankrupt before the hearing. The appellant contended he could not be imprisoned as he was only a partner and other partners were equally liable. Evidence showed the appellant may have signed some employment documents (kipandis), while his native clerk Saferinus and his Indian clerk signed others. The complainants were entitled to preferential payment of wages under the Bankruptcy Ordinance.

Issues

  1. Whether a partner in a firm comes within the definition of 'employer' under the Employment of Natives Ordinance.
  2. Whether a partner can be held criminally liable for withholding wages when other partners are equally liable.
  3. Whether the firm's adjudication in bankruptcy after the offences were committed affects criminal liability.

Orders

  • Convictions in all cases upheld.
  • Sentence in Criminal Case No. 19 of 1929 altered to a fine of Sh. 200 or one week's simple imprisonment in default.
  • In Criminal Cases 79/29 and Nos. 145-171, the accused is cautioned.

Rules and key headnotes

Employment of Natives Ordinance — Definition of Employer — Partner in Firm
A partner in a firm comes within the definition of 'employer' under section 2 of the Employment of Natives Ordinance (Cap. 139), which defines employer as any person or any firm, corporation or company who has entered into a contract of service to employ any servant.
Criminal Liability — Partners — Joint and Several Liability
The fact that a person is only a partner in a firm and that other partners are equally liable does not preclude that partner from being held criminally liable and sentenced to imprisonment for offences committed in the course of the firm's business.
Agency — Liability of Principal — Signing of Employment Documents
Where employment documents (kipandis) are signed by clerks or other persons on behalf of a partner, those persons sign as agents of the partner and the partner must be held liable for obligations arising under those documents.
Bankruptcy — Effect on Criminal Liability — Timing of Offences
Where offences are committed before the filing of a bankruptcy petition, the accused remains guilty of those offences notwithstanding that the firm is subsequently adjudicated bankrupt before the hearing of the criminal cases.

Legislation cited (1)

  • Employment of Natives Ordinance (Cap. 139) s.2

Full judgment

↓ Download PDF

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

Rex v Trivedy (Revision Case 1-1929) [1929] EACA 164 (1 January 1929)
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.