The Appellant instituted criminal charges against the
Respondent in the Primary Court for malicious injuries to property. The Primary
Court found the Respondent not guilty on both counts and accordingly acquitted
him. The District Court did not entertain the Appellant’s appeal on the ground
that the same was filed out of time and consequently struck it out. The
Appellant has come to this court challenging the decision of the District
Court. The main ground of complaint is that the delay to file the appeal out of
time was caused by the fact that he was yet to receive the copy of judgment
from the trial court. Having filed the appeal in time, he charged, the first
appellate court erred in striking it out. The Appellant argued further that the
District Court admitted the appeal because it knew that he was in time.