Ngowi v. R. (PC) Crim. App. 220-A-71; 22/6/71; Kwikima Ag. J.

 

Ngowi v. R. (PC) Crim. App. 220-A-71; 22/6/71; Kwikima Ag. J.

The appellant was convicted of malicious damage to property b uprooting trees. There was no finding that the land from which the trees were uprooted was undisputable the complainant’s.

            Held: (1) [Referring to Saidi Juma v. R. [1968] H. C. D. 158] “There was considerable doubt as to who was entitled to occupy the disputed land. As such the appellant could not have been held to act without colour of right when he uprooted trees planted by the complainant on the disputed land. If the appellant held a belief that he had a claim to the land he was entitled to remove any object planted there by the complainant.” (2) Conviction quashed.