19890524 TZHC Dar es Salaam2

lli 'c) \:\-· C5uPS D &ru. \_\fsR~'i IN THE ,HIGH .COURT OF . . T!,NZJ\Nil\. . ' . AT DAR ES SJ\.LilAM HIGH COURT CRIMINAL APPEAL NO, 73 OF 1988 Original Cricinal Case No.32 of 1988 6f the District Court of Ilala,Distri6t at Kisutu Before JiS~L. Kingd6 □, ~S4•i·R. Magist~a~~ D. P. P. .. . .... ... ....... ... APPELLANT ~ REHEMA ABEID . .......... . .... . RESPONDENT JUDGMENT KYANDO, J, The Director· of Public Prosecutions, on behalf of the- Rcpubllc, appeals against the judgment of the Distriot Court whc?eby tho respondent, Rehema d/o Abei~, was acquitted of the offence of using abusive language c/s 89(1)(a) of the Penal Code. He (the D.P.P.) is represented by Mr. Senguji, learned State Attorney and the respondent is represented by Mr. Wambali, advocate. In his ·judgment· the learned trial magistrate charactQrized the case as a trvial one and said it sh~uld have been resolved without recours~ to the courts. I agree with him entirely and I d6 not think it merited the D.P.P. 1 s eff0rts to appeal to this Court. The case is summed up in the following passage from tho judgment of the learned trial magistrate:- 11 PW1 lvlwarami Salehe the complainant, teatifi~d that on the material day (24/11/87 at about 1.15 p.m.) he had been et home with his.mother and another person. While there his mother informed him that a neighbour of theirs had fixed a water tap near their house and the water dripping from· the tap was destroying the wall to their house and - 2 - was dirty waterLdripping in the yard. PWl thon said upon being so informed, he decided to sec the neighbour ibout the catter. The neighbour's hou~e, which apparently is the one tho accused lived in, was just next door. PWl told the Court that he found the accused in th& backyard· with other people. He greeted her and expressed his ~oncern over the tapwater dripping into thiir yard. PWl went ·on to say upon telling the accused so, the accused retorted by saying who PWl was and then started insulting him by saying, "toka hapa 1 Kuma.mayo 1 'msenge'. Whoroaftor when PW1 complained the accused started pushing him out of the premises, · ·· In tho process PWl said his shirt was torn and he reported tho matter to the police whereby the accused was arrt:sted," · The respondent/accused denied the allegations by the complaintnt that he had abused ind assaulted him. She brought witnesses in support of her denials. Tho complainant also broµght witnesses to support his allegations against the respondent/accuacd. After hearing both .sides ths learn~d magistrate found. \ that on balance the defence had in fact built up n better case than the prosecution. Tho Republic in other words had failed to prove its case beyond all reasonable doubt. I have myself examined the case carefully, I entirely agree with the learned magistrate that tho defence did more than what was required of them ~y the law. They established a far better ~ase than th~t of the prosecution, The appeal by the D.P.P, to this Court has no merit at all, I dismiss it in its entirety. .IL· t~/A- . I'~. rl,·'.~ '.A.A~ Ky.ancfo Judge 'DAR ES S.~LAAM 24.5.a9