19841101 TZHC Mtwara
- Citation
- 19841101 TZHC Mtwara
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 November 1984
- Posture
- Criminal Appeal / Appellate Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 November 1984
- Posture
- Criminal Appeal / Appellate Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant failed to remit the collected funds to the District Education Office and his explanation was rejected as an afterthought; conviction and sentence were upheld.
Court disposition
Appeal dismissed
Orders
- Conviction and sentence affirmed
02
Material facts
Parties
Ali Ko Alibibi Kesola
AppellantRepublic
RespondentAmounts and remedies
- Amount in Question: TZS 3,320
- Sentence (years): 3
03
Procedural history
Posture
Criminal Appeal / Appellate Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellant was guilty of stealing by a public servant under sections 265 and 270
- 02
Whether the sentence imposed under the Minimum Sentences Act was proper
Party arguments
- Applicant
- Appellant argued that he had entrusted the money to his friend B. Ebowala for safe custody and produced a chit as evidence.
- Respondent
- Respondent contended that the appellant failed to remit the money as required and that the defense was an afterthought.
05
Court’s reasoning
Legal principles
- 01
Sections 265 and 270 of the Penal Code
A public servant entrusted with funds must account for and remit such funds as required by law; failure to do so constitutes theft by a public servant.
- 02
Minimum Sentences Act
Sentences under the Minimum Sentences Act must be imposed where applicable.
06
Ratio, limits and disposition
Ratio decidendi
The appellant failed to remit the collected funds to the District Education Office and his explanation was rejected as an afterthought; conviction and sentence were upheld.
Court disposition
Appeal dismissed
- Conviction and sentence affirmed
Source and reliance status
TZHC · 1 November 1984
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 1 November 1984
.\ BIGH COURT CBf1.1nc. L APT :::AL 1m. 2,6 ·. 0:;)' 1982 Original Crimh:Bl Case Lo. 5 of 1982 o:f the District Court of Tunduru District At Tu11d1.U'U Before M.G.C. fajeri 9 .=;sq., :;:iesident Magistrate ALI.KO ALIBIBI KE30L\ ••• , ••••••••• AI·I<STI..\.l'T Versus· MSUliI, J. In the District Court o:t Tlli1dt~ru, appellant was convicted of I stealii-ig by public .servai:t contrary to se~tiorjs 265 i=i'nd 270. He was sei1tenced to thr~e years impi-:i.sorrrneD,t under the Minimum Sentences Act. He is non appoalii".!,,,. ac:;aij:St both conviction and sentence.• · Up :to the ti,me v1her:. he. 0ot L:volved 'ir. this case, appellant • ,.~a,::aployed by the rir;J2°c:~:· o:.: . 'c;:.wa tion as hEiadteacher of ·Haji~j:i, :~.t,e,nded }):..-~.;u•y .'Jchoo,J,.{ Tu:u1€i.t:1~u·. -jj;: '.'.fs,,.n6t-a •&Ub~eot,- . ' ... t • ' . ~ for. contention th& t i;~ the colfCse of his duty appellant received '' a •.to~l of sl;s .3 ,320/= :;:'mm p0\'enfr, be;i.115 coJ1tribution towards , Universal P:;_·~ry i:Aluca·cion.(u:r)::~). I:{e was supposed to remit ,·th:i:s· mon~y to the Dis'trict .'.;ducatipn Office Tur:i<luru; but he 9 could not p~duce it when r.1, \".~.;i.:: required to do so. In defe:r..ce f appellc:irJt coEtc~ded tl'l'.': t he h.".d er.trusted tba t money to !1is: friend one I3. Ebc•.iGla for sa'.fe custody. The learned trial Resident l5a.Gistrs te r:,;jccted t~;is explvr..; tion. '..fi th
reopcct~ he wa13 clui te .right to do ,~:o. .prcllc:1'Jt · hacl been with ti:.is money fol' over one ye;:,.r. _,nd dn:dr,{~ "C'airitin1e hd1c1.d visited the :, District ,!;dµcation 0:f:'fioe Gsvsra'- occ~sio~·;s. · ~i:hore .is ,:.,c;> rGason why he did not remit t~·i~ rD~!S;:,' to th? s~,id' office as ·required.· Duri~ t~e trialj appclle,:t prouuced a chit (r:;xh.Bl) in whi_ch ·-it is stipulated tl-:2t 12e h."'!'-,cled o;.~.e B.~ }Eb"awala shs.3,320/==: for · · safe cu$,tody. Howeverf L is ir.,. ~vidGi:cc that he could not pro.duce the said chit to his empl9ye1~. 1?hp:r. he. 1Vc1s first. questioned •..... /2 . ... ' , l - 2 - about the money. It is o1wious t~·:: 'S t:ie alleged transaction as purportedly evidenced b~r :::':;d1 •. _:").J ic bogus. This is typical of an afterthought defo:ce. n th the evidence o"~ :c&cord, tl:G trial msgis tra te _h:,cl no 1 alternative but to c,::Evict t~2.G 2::;p(;ll.rnt. ' ' . The t:.1ree years ja:il sente11cG \W.s lec,ally mam~~\ -:_;017. 'ihis appeal is therefoi•e dismissed at its e,:tirdt.• Judge 1.11.84
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