THE HIGH COURT OF MALAWI
APPEAL NO. 26 OF 2007
Mr. Nyirenda Counsel for the Plaintiff
B. Mchenga Counsel for the D
Gonaulinji Court Interpreter
The court will write a formal judgment in the course of
time but in the meantime would determine as follows. The facts show
when the complainant arrived at the house of the two accused to
ask for her money she was met with hostility for no apparent reason
by both appellants. What is true however in the testimony of the
complainant herself it was the second appellant who pushed despite
the fact that both appellants were aggressive at the complainant. It
seems apart from telling off the complainant and asking her
there is nothing else the first appellant did. The second appellant
was overzealous and pushed the complainant from the
house with the
result that she fell and injured her leg.
The circumstances of the case do not and are far from
suggesting a common mind to cause harm on part of the two appellants.
actions of the second appellant can not be attributed to the
first appellant as well. I therefore allow the appeal for the first
appellant and quash the conviction against him.
As for the second appellant his action was clearly
unlawful. Perhaps charging the second appellant with causing
was a tort too harsh but I will not tamper with the
conviction which I confirm. The appeals against conviction is
As to sentence, having observed that the conviction
against the second accused was harsh I ought to give the sentence
because it was probably influenced by the nature
of the offence which the appellant was convicted.
The second appellant is a first offender and only 23
years old. It is on record that he was at school when he was
I think he should be given another chance with a stern
warning to keep away from assaulting other innocent citizens or
messing up with the law. I set aside the sentence of
eighteen months and now sentence the second appellant to such a term
result in his release from custody today.
PRONOUNCED in Open Court
today the 1st of
U D G E