20080319 TZCA Dar es Salaam

20080319 TZCA Dar es Salaam

There was no proof that the appellant received 600 footballs as the boxes were not opened to verify their contents; thus, the prosecution failed to prove beyond reasonable doubt that the appellant stole 50 or 20 footballs. The conviction cannot stand.

Citation
20080319 TZCA Dar es Salaam
Parties
Appellant: Ismail Aden Rage; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 March 2008
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Theft, Corporate Personality, Burden of Proof, Ownership of Property
Source Language
English
Criminal Law Theft Corporate Personality Burden of Proof Ownership of Property

Case Brief

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Parties

Ismail Aden Rage

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether there was sufficient evidence to prove theft of 50 footballs by the appellant
  2. 2 Whether the Football Association of Tanzania (FAT) is a legal person capable of owning property
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

There was no proof that the appellant received 600 footballs as the boxes were not opened to verify their contents; thus, the prosecution failed to prove beyond reasonable doubt that the appellant stole 50 or 20 footballs. The conviction cannot stand.

Court Disposition

appeal allowed

Orders

  • conviction on the third count quashed
  • sentence of three years imprisonment set aside