Adija Malifeza v. R., (P.C) Crim. App. 12-D-68, 1/3/68, Saudi J.

Adija Malifeza v. R., (P.C) Crim. App. 12-D-68, 1/3/68, Saudi J.

Accused was convicted of selling native liquor [Cap. 77, s. 32], and fined Shs. 350/- or distress. She was a first offender, and there was no evidence on the record showing her financial position; it did appear that she was “a village woman without any regular income.” After she appealed to the District Court, the Primary Court which had convicted her ordered the sale of her house in an attempt to levy distress. The sale was completed by the time the District Court partly allowed her appeal, lowering the sentence to Shs. 175/- or distress.

            Held: (1) Because the accused is a first offender, and because the record is devoid of information as to her ability to pay a large fine, a fine of only Shs. 50/- was imposed. (2) Once an appeal against its order is lodged, the Primary Court is not entitled to levy distress on accused ’s house. (3) The sale is null and void, and the sale proceeds must be refunded to the purchaser of the house at the purported auction.