lemi ndengu vs omari issa 2014 tzhc 2069 2 july 2014

lemi ndengu vs omari issa 2014 tzhc 2069 2 july 2014

The appellant was not justified in entering the house as the dispute over ownership had already been resolved in favour of the respondent, and the error in the date of the offence was not fatal to the conviction.

Citation
lemi ndengu vs omari issa 2014 tzhc 2069 2 july 2014
Parties
Appellant: Lemi Ndengu; Respondent: Omari Issa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 July 2014
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Criminal Trespass, Ownership Dispute, Estate Administration, Variance Between Charge and Evidence
Source Language
English
Criminal Law Criminal Trespass Ownership Dispute Estate Administration Variance Between Charge and Evidence

Case Brief

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Parties

Lemi Ndengu

Appellant

Omari Issa

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant had a claim of right over the house in question
  2. 2 Whether the variance in the date of commission of offence between the charge sheet and evidence was fatal to the conviction

Ratio Decidendi

The appellant was not justified in entering the house as the dispute over ownership had already been resolved in favour of the respondent, and the error in the date of the offence was not fatal to the conviction.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.