maneno shamari vs republic 1987 tzhc 101 8 may 1987
The appellant was found in possession of stolen property and failed to provide a credible explanation or call witnesses to support his claim of purchase; thus, the conviction and sentences were upheld.
Source-derived case information.
- Citation
- maneno shamari vs republic 1987 tzhc 101 8 may 1987
- Parties
- Appellant: Maneno Shomari; Respondent: The United Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 May 1987
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Burglary, Stealing, Possession of Stolen Property, Evidence, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maneno Shomari
Appellant
The United Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for burglary and stealing was supported by evidence
- 2 Whether the appellant's explanation for possession of stolen property was credible
Ratio Decidendi
The appellant was found in possession of stolen property and failed to provide a credible explanation or call witnesses to support his claim of purchase; thus, the conviction and sentences were upheld.
Court Disposition
appeal dismissed
Orders
- conviction and sentences affirmed
Full Case Text
Judgment text and source record
1 paragraphs
IN tfte tirat COURT O P TANZANIA A T MI1R" 1 M SALAAM - j. '. " . 11“ V M " ... APPELLATE JURISDICTION HIGH COURT C R I M E A ! APEBAL NQ* 76 OP 198,4 ORIGINAL CRIMINAL CASE NO. 521 OF 1983 O P THE DISTRICT COURT OF MOEDGORO DISTRICT A T MOROGORO,Before G. KHALID Esq* District Magistrate* MANENO SHOMARI. .............. ..... . APEELLANT versus THE UNITED REPUBLIC if.................... .*. RESPONDENT J U D G M E N T MAINA. J. The appellant was convicted by the district court at Morogoro of burglary and stealing* He was sentenced to three years imprisonment in the first count and two years imprisonment i n the second count, to run concurrently. The complainant’ s house was broken into on the night of 7/12/1982 and various properties valued at about shs*12,045*70 were stolen from therein* Police were notified* On 7*9.1983 the oomplainant saw Pw4 Mariam Rashid wearing a skirt which was one of the properties stolen from the complainant's house. Mariam said he received the skirt from a friend, Pw2 Tukae Shomari who told the court that she was £Lven the skirt and other clothes by the appellant. In his evidence the appellant said that he had bought those clothes from people whom he did not name and he called no witnesses. The petition of appeal is a repetition of what the appellant told ft . the trial court. Like the lower court, I a m s a ^ s f i e d that the appellant was found i n possession of the stolen properties and his allegation that he bought them was properly rejected* The complainant identified the properties and if the appellant had bought them he.would have called even a single witness* The conviction is supported by the evidence on record and the sentences are in accordance with the law* The appeal is dismissed in its entirety, W.J. MAINA JUDGE DAR ES SALAAM ~ 8Th lifeyf 1967.