PEKI AND OTHERS v. THE REPUBLIC

Taylor J. of the High Court dismissed the appeals of six appellants convicted of forcible entry under section 202A(1) of the Criminal Code (Act 29). The complainant had engaged mason Nene Nyazor to construct a cement-block house on land claimed by the first appellant. While work was underway and door and window frames fitted, the appellants, about fifteen in number, approached singing war songs and brandishing iron bars, cutlasses, hammers, pick-axes and sticks and, on first appellant’s orders, demolished the uncompleted structure. The court rejected arguments that the verdict was unreasonable, that sentences contravened Act 30 sections 297(3) and 299, or that a formal positive finding of possession was required, finding possession established through the complainant’s agent and presence. Clarifying that "violence" under section 202A(1) includes terror and destructive entry, not only personal assault, the court held the conduct fell within the offence. Addressing procedure, it ruled the magistrate had no authority to grant bail before filing of an appeal under Courts Act section 26(5), canceled the bail, and affirmed convictions and sentences.