THE HIGH COURT OF MALAWI
APPEAL NO. 138 OF 2007
CORAM : HON.
JUSTICE A.K.C. NYIRENDA
Counsel for the Appellant
Jere, Counsel for the Respondent
Kabaghe, Court Reporter
Kaferaanthu, Court Interpreter
Court will deliver its full judgment in Chambers. It is the finding
of this Court upon a careful reading of the lower court
having listened to the submissions in Open Court on behalf of the
appellant as well as the State, the conviction cannot
It is rather sad that the appellant was prosecuted at all. The
sentence is also set aside. The money paid by the
compensation according to the sentence imposed by the Magistrate
should be paid back to him.
there is any money owing between the appellant and the complainant
that was clearly a debt which will be served by the appellant
course of the business contract between the two.
in Open Court at Lilongwe this 22nd
day of February, 2008.
U D G E