R. v. International Trading and Credit Company or Tanganyika, Ltd. Crim. App. 722-D-66, 5/4/68, Duff J.

R. v. International Trading and Credit Company or Tanganyika, Ltd. Crim. App. 722-D-66, 5/4/68, Duff J.

This was an appeal by way of case stated. Accused (Intrata) was charged with selling food unfit for human consumption [Food and Drugs Ordinance, Cap. 93, ss. 12 (1), 26]. The sole question was whether the three transactions in question amounted to “sales”. In each case Intrata transferred adulterated cassava belonging to the Kigoma Co-operative Union to the complainants. Invoices were sent in Intrata’s name and contained no reference to the co-operative, and payment was to Intrata, which then remitted the funds to the Co-operative, subtracting a small commission fee.

            Held: “…. (T)he contracts were made between the merchants and the respondent company, no reference whatsoever being made to the co-operative union, and these contracts disclose a sale ….” [Citing Hotchin v. HIndmarsh (1891) 2Q.B.189; Preston v. Albuery (1963) 3 All E. R. 897; Lester v. Balfour (1953) 2Q.B. 168].