MPINYANE v. THE STATE 1985 BLR 529 (HC)

Country
Seat of court
Lobatse
Court jurisdiction
Date of opinion
1985
Abstract

This Appeal on the Court of Appeal, Lobatse was against an order, granted by the trial magistrate court, forfeiting to the State a vehicle which was used by the appellant in hunting game, without a permit. The appellant argued that at the time of the offence the vehicle belonged to the bank which borrowed him the money to buy the vehicle. Thus, the vehicle belonged to a third party. The Court reasoned that ”The reason that the form of the order is that the vehicle be "detained for a period of 90 days and ... thereafter to be forfeited to the State" is to enable an application to be made by any person claiming ownership for the return of the vehicle to such owner. In the present case no such application was made.”

Language of document
English
Reference number
1985 BLR 529 (HC)
Charges
Game -hunting, without permit. Conviction and forfeiture to State of vehicle used in hunting - Appeal against forfeiture of vehicle.
Transnational
No
Decision
Appeal was dismissed. The Court of Appeal upheld the decision and order made by the trial magistrate. Thus, the appeal was dismissed.
Appealed
Yes
Penalty
Fine: P200