The applicant appealed the matter in the Supreme Court of Zambia challenging the order by the Surbodinate Court for forfeiture on the grounds that Phiri was not the owner of the firearm, and that for such order to be made where the property involved belonged not to the person convicted but to an innocent third party, it must be shown that the third party was privy to the commission of the offence. The Supreme Court refused the application noting that the property referred to under section 146 of the National Parks and Wildlife Act is limited to vehicle, aircraft or boat not firearms.