Jan 20, 2010, 2:59 PM
The case was presided over by Magistrate Ibrahim Kijera of the Bundung Magistrates’ Court.
Delivering the judgment, the trial magistrate stated that the accused persons were charged with the offence of criminal trespass, which they both denied.
He said challenged by the plea of the accused persons, the prosecution called three witnesses in support of their case, while the accused opened their defence and the 1st accused, Sainabou Mbowe, called one witness in support of her defence.
The trial Magistrate further adduced that the evidence of the 1st accused was almost the same as the evidence of the 2nd accused person, which corroborated each other.
He said in the totality of the evidence adduced before the court, one Lama, the husband of the complainant, was the one who brought all the conflict.
He added that the said Lama had no legal right to evict the property of the accused persons, as they were both tenants.
Magistrate Kijera further stated that he did not find anything on the side of the two accused persons, adding that the only person who could evict the accused persons was the person who had the legal right over the house.
The prosecution had failed to prove its case beyond all reasonable doubts against the accused persons, he said.
He consequently acquitted and discharged the accused persons, but admonished both the accused persons and the complainant to keep the peace.