19801017 TZHC Dodoma 2

IN THE HIGH COURT OF TkNZANIA AT DODOW APPELLATE JURtSDrCTION HIGH COURT CRIMINAL APPEAL N04 120 OF 1977 ORIGINAL CRIMINAL CASE NOs 436 OF 197 6 OF THE DISTRICT COURT OF I4BEYA DISTRICT AT MBEYL. BEFORE: T.M.M. ISUGUJILA Esci, SENIOR MAGISTRATE S.ANrJ MfAITUKA . . . . . . . . . . , . . . . APPELLANT ( Original Accused) Versus TEU. REPUBLIC • • . . . . . ...... RESPONDENT (Origin.1 Prosecutor) JUDGEMENT sJpi, 5., - During the night of January 23/24 1 1976, the "tailoring shop" of one Asukile Ngawala was broken. into., and forty pieces of dress iateria1 a new pair of trousers :ade for one Ali Bilauri and suiting were stolen therefrom. One of . the pieces of. dress material belonged to one Josephina Kibona, She hac sentit to Asuid.le for making a dress. On February 17, 1977, - ie appellant, Samu Mwaituka, was -r convicted of the shopbreaking and was sentenced to a term of four years' imprtsonment. I aee with Mr Saffari, ccinsel for,the.-Republici that the appellant's guilt was proved be'ond reasonable doubt. The appellant had sold Josephina Kibona's drs materi1 ioond-Noses ICitika a few days after the sane was st-1en from Ngawala's shop. Ngawala, Kitwika and Josephina identifi.d the material positively. In his defence the appellant made no pretence to claim that the dress material belonged to him. 1nd led, - the appellant ;said nohing Oi -the dress material. In the d'efenci the appellant asserted that the pair"' of t±ousers which he was ieariig at' the time of 'his 'arrest in JuIy',. • . ..../2 - - 2 - 976, and with t1je. ptition olaimod to be 3j1aut z new pj of trousers stolen from Ngawala's shop was in fact his own property. His claim did not, however, affect the weight of the case against hin. In my view it would be wrong to fault the learned trial magistrate's decision. The appeal stands dismissed in its entirety. It B. A. SJiMA.TTJi JUDGE. Delivered this 17th day of October, 1980, in the presence of Nx Saffari, counsel for the Republic. B. A. SJIMATTA JUGE.