19820802 TZHC Mtwara

IN THE HIGH COURT OF TANZANIA 4fc- l>od.o~ A,T M'.!'\i.JARA APPELLhTt JURISDICTION H!GH COURT CRIMINAL APPEAL Noa 23/82 ORIG!Nht CRIMINAL CASE Noa 43 OF 1981 OF 'I'HE DISTRICT COURT bF KiLWA DISTRICT A'l' l<ILWA MASOKO Before ToBo Mutakyawa Esqo 7 Oistrict Magi~ttate TAYARI EMMANUEL NJb.NJIKA - APPELLANT versus: THE REPUBLIC RESPONDENT CHARGE: 1st ct: House breaking c/s 294( 1) of the Penal Codeo 2nd Ct: Stealing c/s 265 of the Penal Codeo J·U D GM ENT RUHUMBIKA, Jo- The appellant in this case was convicted of the offences of house-breaking c/s 294(1) of the Penal Code and stealing c/s 265 of the Penal Codeo The appellant was sentenced to three years of imprisonment for house-breaking and received 6 months for thefto The appeal is against both conviction and sentenceo There is ample evidence on record that the complainant's house was broken into and a banco bed, mattress, a lamp and other house- hold items stolen therefromo rnvestigations lead to the appellant being suspected of the offenceso rt appears from.the evidence that the appellant lived in the vicinity of .the house which was broken intoo There is corroborated evidence to show that the appellant mentioned one Daniel Mkwabi as the person to whom he had sold the banco bedo The mattress, which was clearly identified by the ocooooo/2 2 complainant, a certain woman, PWo3, was·fQurid in the room of the appellant and he offered no reasonable explatiation about this mattress • . The evidence in this cas·e cohclusively proves that the appellant was found i·n possession of prdperty recently stolen. rt was the Republic•' s _submission that the doctrine qf recent 'possess·ion should be invoked in this case so that the appellant is found to be the actual house-breaker and thief •. In fact, the banco bed was sold to the named person by ,the appellant the following day after the house breaking and theft. The submission of the Republic is tenable, and the court is satisfied that the appellant should be held as the house-breaker and thief of the property in question. Accordingly, the appeal is dismissed in its entirety. Delivered in chambers at Mtwara this 2nd day of August, 19820 Mro Kaduri~. for the Republico Appellant, absent. RoJoL. RUHUMBIKA JUDGE MT'wARA 2/8/82 I certify that this is a true copy of the original. 5;::t~ v;·1 DISTRft~-; .-: REGIS Te; MT WA R A a