PEKI AND OTHERS vs. THE REPUBLIC

JUDGMENT OF TAYLOR J. The appellants were jointly charged with the offence of forcible entry contrary to section 202A (1) of the Criminal Code, 1960 (Act 29), as amended by the Criminal Code, 1960 (Amendment) (No. 2) Decree, 1966 (N.L.C.D. 47). The facts of the case which were established by overwhelming evidence and accepted by the court are that the complainant was engaged in putting up a building consisting of two rooms and a verandah on land which the first appellant claimed to be his. The complainant engaged one Nene Nyazor, a mason, to put up the said building which was a cement block building. On 21 July 1972 the complainant visited the site in the company of three other persons. The mason was then actually working on the building with his workmen and was at the top of the building which had then reached window level and the door and window frames had then been fitted. While the complainant and the mason and the other three persons and workers were on the site, they heard the...