19750228 TZCA Dar es Salaam
The prosecution failed to prove beyond reasonable doubt that the appellant committed house breaking, as there was insufficient evidence regarding the state of all entrances to the house. However, the conviction for stealing was upheld as the claim of right was not credible.
Source-derived case information.
- Citation
- 19750228 TZCA Dar es Salaam
- Parties
- Appellant: Eassani Pesambili; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 1975
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal partly allowed
- Legal Topics
- House Breaking, Theft, Claim of Right, Burden of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eassani Pesambili
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant committed house breaking beyond reasonable doubt
- 2 Whether the appellant's claim of right negates the charge of stealing
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the appellant committed house breaking, as there was insufficient evidence regarding the state of all entrances to the house. However, the conviction for stealing was upheld as the claim of right was not credible.
Court Disposition
appeal partly allowed
Orders
- Conviction and sentence for house breaking quashed and set aside
- Conviction and sentence for stealing upheld
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