The Respondent successfully prosecuted the Appellant at Primary Court for malicious damage to property contrary to section 326, of the Penal Code [Cap 16 R.E. 2002]. The Appellant was dissatisfied and unsuccessfully appealed to Tarime District Court, hence this second appeal. One question that was raised is whether a charge of malicious damage to property can be sustained where the ownership of the land has not been resolved in a civil case.