Katamba s/o Mwaisunga v. R., P. Crim. App. 15-D-67; 25/3/67; Hamlyn, J.

Katamba s/o Mwaisunga v. R., P. Crim. App. 15-D-67; 25/3/67; Hamlyn, J.

The accused was convicted in primary court of assault; a fine and compensation were awarded. The accused then appealed to the district court and his appeal was allowed. The present appeal was brought by the complainant.

Held: Section 21 of the Magistrates’ Courts Act 1963 provides that in proceedings of a criminal nature, the Director of Public Prosecutions alone has the right to appeal to the High Court in cases in which a district court has substituted an acquittal for a conviction in a primary court. Therefore the High court lacks jurisdiction to hear this appeal.