R v Limbani Njanji (Criminal Appeal 26 of 2002) [2004] MWHC 69 (10 November 2004)

MALAWI

IN THE HIGH COURT OF MALAWI

PRINCIPAL REGISTRY

CRIMINAL APPEAL CASE NO. 26 OF 2002

THE REPUBLIC

Vs

LIMBANI NJANJI

From the First Magistrate’s Court sitting at Thyolo

Being Criminal Case No. 101 of 2002

CORAM: HON. JUSTICE F.E. KAPANDA

Phiri (Mrs), Principal State Advocate

Maida (Ms), Official Interpreter

Date of hearing : 11^th November 2004

Date of order : 11^th November 2004

JUDGMENT

Kapanda, J:

This is an appeal against the decision of the First Grade Magistrate sitting at Thyolo where the appellants were found guilty of two offences to wit House breaking and theft.

The appellants were jointly charged with the said two offences of housebreaking and theft. They all denied the charges preferred against them and a full trial therefore ensued. At the end of trial the appellants were found guilty of breaking into the house of the complainant and stealing therefrom assorted household items.

The record shows that the complainant’s house was broken into and items stolen therefrom on 3^rd February 2003. On the following morning the appellants were found on possession of a radio, one of the items stolen from the house of the complainant. The court rightly used the doctrine of recent possession in convicting the appellants. It is for this reason that the appeal herein has no merit and is accordingly dismissed.

Pronounced in open Court this 11^th day of November 2004 at the Principal Registry, Blantyre.

F.E. Kapanda

JUDGE