Weerappa vs Spencer – clr volume 3 page 010

The case between Weerappa (job-master and carriage hirer) and Mrs. Spencer addressed the issue of whether Section 16 of Ordinance No. 17 of 1873 permits summary recovery of carriage hire when payment is not immediately due but is instead recorded as a debt for later settlement. It was held that Section 16 only applies when payment is to be made at the termination of the journey, reaffirming the principle that statutory summary remedies are confined to cases where immediate payment was intended by the contract. The decision relied on the construction of Ordinance No. 17 of 1873, emphasizing that disputes involving deferred payment of fares constitute matters for civil litigation rather than criminal enforcement in police courts.

Lawrie, A.C.J. — It was determined that Section 16 of Ordina