hashimu goli vs abushehe ramadhamani another 2019 tzhc 108 10 october 2019

The sentence imposed by the trial court was unlawful as Section 265 of the Penal Code mandates seven years imprisonment for theft; compensation awarded was insufficient given the offence committed.

Citation: hashimu goli vs abushehe ramadhamani another 2019 tzhc 108 10 october 2019
Parties: Appellant: Hashimu Goli; Respondent: Abushehe Ramadhani; Respondent: Hassani Ramadhani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 October 2019
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed in part
Legal Topics: Theft, Sentencing, Compensation, Contractual Breach
Source Language: English

Criminal Law Theft Sentencing Compensation Contractual Breach

Case Brief

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Parties

Hashimu Goli

Appellant

Abushehe Ramadhani

Respondent

Hassani Ramadhani

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 whether the sentence imposed for theft was lawful under Section 265 of the Penal Code
2 whether compensation awarded was adequate
3 whether the agreement between appellant and respondents was breached

Ratio Decidendi

The sentence imposed by the trial court was unlawful as Section 265 of the Penal Code mandates seven years imprisonment for theft; compensation awarded was insufficient given the offence committed.

Court Disposition

appeal allowed in part

Orders

sentence of 10 months imprisonment set aside
respondents sentenced to seven years imprisonment or pay jointly TZS 700,000 compensation