19710915 TZHC Arusha2
- Citation
- 19710915 TZHC Arusha2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 15 September 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 15 September 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The trial magistrate properly considered all issues, including ownership and identification of the cattle, and the sentence imposed was the statutory minimum. No grounds exist to overturn the conviction or sentence.
Court disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety
02
Material facts
Parties
Abdallah Ramadhani
AppellantThe Republic
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction for cattle theft was proper
- 02
Whether the sentence imposed was lawful
Party arguments
- Applicant
- The memorandums of appeal did not raise any meritorious grounds for consideration.
- Respondent
- No arguments presented; respondent not represented.
05
Court’s reasoning
Legal principles
- 01
Penal Code sections 268 and 265
Conviction must be based on proper identification and proof of ownership of stolen property.
06
Ratio, limits and disposition
Ratio decidendi
The trial magistrate properly considered all issues, including ownership and identification of the cattle, and the sentence imposed was the statutory minimum. No grounds exist to overturn the conviction or sentence.
Court disposition
appeal dismissed
- Appeal dismissed in its entirety
Source and reliance status
TZHC · 15 September 1971
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 15 September 1971
• .. '-., C....$! I 0 4 IN THE HIGH COURT OF TAI\IZANIA
AT ARUSHA
APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO. 233/71 ORIGINAL_CRIMINALCASE NO. 21 OF 1971 OP THE
DISTRICT COURT OF HANDENI DISTRICT AT HANDENI Before N.L. Masawe Esq., District Magistrate APDALLAHRAMADHANI ................Appellant (Original Accused) versus THE REPUTBLIC ..... .................Respondent (Original Pross.) CHARGE: Cattle theft c/s 268 and 265 of the Penal C ode. J U D GM E N P. PATEL,AG,J. Both appellants were concted of 'cattle . theft' c/s 268 and 265 o f Penal Code and now appeal 3i- ction and sentence. Neither was present at the hearing of this appeal nor were they represented by an advocate. I have carefully gone through the memorandums of appeal and find nothing therein which merrits even, slightest. cons- ideration. The trial magistrate tried the case with etrem care and has dealt with all issues beforehim. The question of ownership and identification of the cattle in question have been satsfactorily dealt with. I can find nothing wrong whatsoever in the argument or conclusions of the trial magistrate that will make me reverse his finding. The sentence awarded is the minimum under the laws. There is no merit in these appeals and both are dismissed in their entirety. Delivered in open court this / day of September, .1971 (J.B.PATEL) AG. JUDGE * /c.
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