Njole Sandanda v. R., (PC) Crim. App. 91-D-68, 3/4/68, Hamlyn J.

Njole Sandanda v. R., (PC) Crim. App. 91-D-68, 3/4/68, Hamlyn J.

Accused was convicted in primary court of cattle stealing. On appeal to the district court, the magistrate found that the appeal had been lodged without sufficient ground of complaint and ordered that it be summarily rejected.

            Held: “The district court has no powers to reject (whether summarily or otherwise) appeals made to it by an appellant from a conviction in a primary court. The duty of the district court is to hear the appeal and either to allow it or to dismiss it. The power of summary rejection is reserved to the High Court alone.” The Court added, for the guidance of the magistrate, that Form J/PCF. 22 is inappropriate in cases where an appeal is anything but of the simplest nature. Case remitted to district court for hearing of appeal.