19710705 TZCA Dar es Salaam2
- Citation
- 19710705 TZCA Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 5 July 1971
- Posture
- Criminal Appeal / Appellate
- Language
- English
More details
- Court
- TZCA
- Decision
- 5 July 1971
- Posture
- Criminal Appeal / Appellate
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The trial magistrate considered all points with care, and the identification of the accused was satisfactorily established. There is no reason to reverse the conviction.
Court disposition
Appeal dismissed summarily
Orders
- Appeal dismissed
02
Material facts
Parties
Asitaze
AppellantRepublic
Respondent03
Procedural history
Posture
Criminal Appeal / Appellate
04
Questions and positions
Legal issues
- 01
Whether the conviction for unlawful wounding was proper
- 02
Whether the identification of the accused was satisfactory
Party arguments
- Applicant
- The appellant challenged the conviction and identification.
- Respondent
- The respondent supported the conviction and the trial magistrate's findings.
05
Court’s reasoning
Legal principles
- 01
General appellate principles
Appellate court will not interfere with findings of fact unless there is a clear error.
06
Ratio, limits and disposition
Ratio decidendi
The trial magistrate considered all points with care, and the identification of the accused was satisfactorily established. There is no reason to reverse the conviction.
Court disposition
Appeal dismissed summarily
- Appeal dismissed
Source and reliance status
TZCA · 5 July 1971
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Judgment reading view
Judgment text
The complete available source text.
TZCA
Judgment· 5 July 1971
I]T THO UIGIt GOtmP OP PAtiZA1I1k Criminal appeal Vo. 297 ior 1971 Origiftl.Oriminal cass 140, 57 of 1971 of the Diatrict Court of I(ondoa District at roffba before; 3, L Xsele, Tistrict Magistrate# ASITAZE Zt.I APtLLMP verow BBPUULIC •.s*..ss..4.0 s0.04 .Ia..0.•6•.00.I46 4 4 e..ø. OKMGIt Unlawful wounding c/ø .228 of the Penal 004e. Pt M.
3. Pbia apoa1 hs no merit. The trial magistrate tried the Oae with extvieme care and has couaiiered, all points in issie bGfore him. ICntification of the accneed/appeiiant was satisfactoi1y et6b1isbed. There is nothing in the juagpent or momorandum of apea] Which will rnao me reverse the finding of the trial magistrate. I acor&inly order that the appea1 be . smiseed suamarily. U.. B., AG*MDOU DaD ce Salaain, 5th Jnli, 19710
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