19830318 TZHC Tabora
- Citation
- 19830318 TZHC Tabora
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 18 March 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 18 March 1983
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant exchanged the company's cattle for other bulls and received money without the company's consent, which constitutes theft. The conviction was proper.
Court disposition
appeal dismissed
Orders
- conviction and sentence upheld
02
Material facts
Parties
Iddirmamhani
AppellantThe Republic
RespondentAmounts and remedies
- Amount Received by Appellant: TZS 200
03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was properly convicted of cattle theft
- 02
Whether the evidence supported the conviction
Party arguments
- Applicant
- The appellant denied any fraudulent involvement with the company's cattle.
- Respondent
- The respondent relied on evidence that the appellant exchanged company cattle for other bulls and received money, amounting to theft.
05
Court’s reasoning
Legal principles
- 01
trial court judgment and affirmed by appellate court
Exchanging property without the owner's consent constitutes theft.
06
Ratio, limits and disposition
Ratio decidendi
The appellant exchanged the company's cattle for other bulls and received money without the company's consent, which constitutes theft. The conviction was proper.
Court disposition
appeal dismissed
- conviction and sentence upheld
Source and reliance status
TZHC · 18 March 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 18 March 1983
IN THE HIGH COURT OF TANZANIA C AT TAT3OTTA tFF7IIATE lliRISDICTI QT HIOH COURT CHIT INAL APPEAL NO. 110/79 0RINAL CRININAI CASE NO. 80 OF 1979 OP THT, DTSTRICT COURT OF OARI.;DI DISTRICT AT 31iRIADI Before RCATUi'A,Esq. DIS, H1 Cn •QAGISTR1E IDDIRiMAflHANI (Original Accused) 'T are us
THE RUPUBIIC RESPONDENT (Original Prosecutor) S Ti D 0 15 F N T The appellant was convicted cf cattle theft and sentenced to five years irearisonment. The f a c t s revealed, that Tie was employed wr iT.3L1ITm CS C hordsloy. On 9/5/78 the watChman of the same company,. Robert Noa (Plt12) handed the apnellen.t 52 1ead of the companyvs cattle for ,grazing In the evenhic; the appellant returned the same number of cattle but it was noticed thot three of then did not have -bheccmpar.ys fire brand.. Suspicions mounted arid investigations started.. A total of four people wore charged (the appellant was the 4th accused). In his Joi1enc J. e donmee that he had anything fraudulent to do with the conponys cattle 1 , He was convicted and appealed. There was evidence that the oprellant took the companys cattle to grazing on the mete±ial day. In the eveninE 3 bulls not belonging to the company were found inthe herd. Upon interrogations by other company workers he confessed that he hod exchanaed the company's cattle with those 3 bulls nd got shs.200/= in addition. He nar'ed the porsn with whom he mode the deal (2nd accused Yasungo Kitelima). This latter was contacted and admitted the deal and convicted of receiving. The triO.l magistrate riehtly found that the appellant had exchanged the company's cattle with others without its consent and it amounted to stealin g those cattle. I am of the same view. The appeal is dismissed in its entirety /7' F ,A, JUDGE 18/3/83
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