The accused had been found in possession of a firearm without a license in contravention of the National Parks and Wildlife Act, (Cap. 316) s. 145 (1) and the Firearms Act, (Cap.111) s. 54 (2) and with the intention of hunting game illegally. The appellant was convicted in the subordinate court of the Senior Resident Magistrate of three offences on his own plea of guilty and fined a total sum of K115 and in default 75 days imprisonment. In addition the learned Senior Resident Magistrate made an order of the forfeiture of the firearm used in the commission of the offences. The appeal is against the order of forfeiture of the shot gun Greener No. 57650 on the ground that the said firearm was not the property of the appellant but that of Joseph Jaulani. At a re-hearing the Senior Resident Magistrate found that Joseph Jaulani was the true owner of the gun in question and that he had full knowledge of the fact that the appellant had taken his gun for illegal hunting of game animals in contravention of the National Parks and Wildlife Act and the Firearms Act and held that the order of forfeiture of the firearm was correct. The issue before the court was whether in ordering the forfeiture of the gun in question, the Senior Resident Magistrate exercised his powers under the National Parks and Wildlife Act, Cap. 316 or under the Firearm Act,