Held 1 section 11 1b of the act provides that the

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Held: (1) Section 11 (1)(b) of the Act provides that the Minister may order that temporary employees be registrable as members of the fund, but there is no evidence that such an order has been made, and thus temporary employees are not registrable as members. (2) However, in determining whether a private em- ployer has ten employees and is thus subject to the act, exempt and temporary employees shall be included; a distinction is made between the registration of the company itself and the registration of its individual employees.[Schedule to G. N. 566 of 1964, as amended by G. N. 39/68, sec. 2]. The company was thus subject to the act. (3) Although he was clerk, Patel was the only person found at Mwanza office and was in apparent control of the company, and his action in giving the information was binding on the company. The question whether the notification constituted conclusive proof of the information contained therein does not arise. (4) Although the company is guilty of failing to register its eligible employees, the duty to contribute to the fund arises only after such registration has been com- pleted. Thus, the company is not guilty of the second count of failing to contri- bute. Appeal by republic allowed as to first count only and case returned with di- rection that there is case to answer on the first count. 260. William s/o Petro v. R., Crim. App. 32-D-68, 21/2/68, Georges C. J. Accused was convicted of burglary [P. C. s. 294(1)] and inde as- sault (P.C. s. 135). The burglary charge did not specify the felony which accused intended when he broke into the house, but here was evidence that the indecent assault had taken place after the breaking. The prosecution case rested primarily
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on the testimony of complainant; a child of 11 years, and her sister who was nine years of age. During voir dire examination, complainant testified that it is wrong to tell a lie, and the magistrate relied upon this in finding that she understood the nature of an oath. Complainant’s sister, who did not testify under oath, was not examined as to her understanding of the duty to speak the truth. The magistrate relied upon the testimony of the sister to corroborate that of complainant as to the indecent assault. (1968)H.C.D. - 93 – Held: (1) The burglary charge should have set out the felony which ac- cused had intended to commit, but the failure to do so may be cured on appeal if not prejudicial. [Citing Crim. Proc. Code, s. 346; R. v. Bakari bin Yusuf, 7 E.A.C.A. 63]. In deciding whether the error was prejudicial, “one should be guided not by the under fined possibility of the accused having been prejudiced, but by some suggestion which a reasonable man could accept that there had been prejudice to the accused.” Here the felony was specified in the second count and there was no prejudice. (2) When a child is called as a witness, two separate questions arise: First, does the child understand the nature of the oath; and second does the child understand the duty to speak the truth, and is the child of sufficient intelligence to justify reception of the evidence not on oath. The
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  • Fall '17
  • Dean Majamba

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