Saudi Juma v. R., (PC) Crim. App. 13-D-68, 10/2/68, Saudi J.

Saudi Juma v. R., (PC) Crim. App. 13-D-68, 10/2/68, Saudi J.

Accused was convicted of criminal trespass on the land of complainant, but he conviction was quashed on appeal to the District Court on the ground that the land did not belong to either party.

            Held: When, in a case of criminal trespass, a dispute arises as to the ownership of the land, the court should not proceed with the criminal charge and should advise the complainant to bring a civil action to determine the question of ownership. Parties directed to start a civil action before the District Court of Kondo to settle the issue of ownership.