19770726 TZHC Dodoma

19770726 TZHC Dodoma

The trial magistrate's findings of fact, based on credibility of witnesses and supported by evidence, should not be disturbed. The appellants' explanations were rejected as fabrications, and the evidence established joint conversion of the money. The convictions and statutory minimum sentences are upheld.

Citation
19770726 TZHC Dodoma
Parties
Appellant: Eliad S/o Samyegwa; Appellant: Wilfred S/o Nghanpi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 July 1977
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Stealing by Servant, Minimum Sentences, Assessment of Evidence, Credibility of Witnesses
Source Language
English
Criminal Law Stealing by Servant Minimum Sentences Assessment of Evidence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Eliad S/o Samyegwa

Appellant

Wilfred S/o Nghanpi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants were guilty of stealing by servant under sections 265 and 271 of the Penal Code
  2. 2 Whether the findings of fact by the trial magistrate should be disturbed on appeal

Ratio Decidendi

The trial magistrate's findings of fact, based on credibility of witnesses and supported by evidence, should not be disturbed. The appellants' explanations were rejected as fabrications, and the evidence established joint conversion of the money. The convictions and statutory minimum sentences are upheld.

Court Disposition

appeal dismissed

Orders

  • convictions and sentences upheld