R v Limbani Njanji (Criminal Appeal 26 of 2002) [2004] MWHC 69 (10 November 2004)

MALAWI IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL APPEAL CASE NO. 26 OF 2002 THE REPUBLIC Vs LIMBANI NJANJI From the First Magistrate’s Court sitting at Thyolo Being Criminal Case No. 101 of 2002 CORAM: HON. JUSTICE F. E. KAPANDA Phiri (Mrs), Principal State Advocate Maida (Ms), Official Interpreter Date of hearing : Date of order : 11th November 2004 11th November 2004 JUDGMENT Kapanda, J: This is an appeal against the decision of the First Grade Magistrate sitting at Thyolo where the appellants were found guilty of two offences to wit House breaking and theft. The appellants were jointly charged with the said two offences of housebreaking and theft.    They all denied the charges preferred against them and a full trial therefore ensued.    At the end of trial the appellants were found guilty of breaking into the house of the complainant and stealing therefrom assorted household items. The record shows that the complainant’s house was broken into and items stolen therefrom on 3rd February 2003.    On the following morning the appellants were found on possession of a radio, one of the items stolen from the house of the complainant.    The court rightly used the doctrine of recent possession in convicting the appellants.    It is for this reason that the appeal herein has no merit and is accordingly dismissed. Pronounced in open Court this 11th day of November 2004 at the Principal Registry, Blantyre. F. E. Kapanda JUDGE 2