19820813 TZHC Arusha
The prosecution failed to prove the essential elements of hoarding, as there was no evidence of refusal to sell to a purchaser and the defence of personal use was not properly considered. The conviction was not supported by evidence.
- Citation
- 19820813 TZHC Arusha
- Parties
- Appellant: Lloyce Ndikira; Appellant: Genes Meleo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 August 1982
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- convictions quashed, sentences set aside
- Legal Topics
- Hoarding, Elements of Offence, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lloyce Ndikira
Appellant
Genes Meleo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellants were guilty of hoarding under section 194A of the Penal Code
- 2 Whether the trial magistrate properly considered the ingredients of the offence and the defence
Ratio Decidendi
The prosecution failed to prove the essential elements of hoarding, as there was no evidence of refusal to sell to a purchaser and the defence of personal use was not properly considered. The conviction was not supported by evidence.
Court Disposition
convictions quashed, sentences set aside
Orders
- Fines paid by the appellants to be refunded
Full Case Text
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