Cyril Alfred Rodrigo v. Mohamed Nulair – sllr 1982 volume 1 page 217

In the case between Cyril Alfred Rodrigo (Plaintiff) and Mohamed Nulair (Defendant), the Supreme Court addressed the issue of whether funds received by the accused, who served as both an accountant and a partner with limited rights under a written agreement (P5) in Kolberg & Co., were received in the capacity of an employee or as a partner, and whether criminal breach of trust was established when the element of entrustment was in dispute due to this dual role. The court held that the accused could not be convicted of criminal breach of trust, reaffirming the principle that such an offence requires a clear finding of entrustment, which is incompatible when the accused has legal dominion as a partner. The decision relied on established principles of English partnership law and relevant stat