19860616 TZCA Dar es Salaam2

19860616 TZCA Dar es Salaam2

There was no point of law to ground the appeal, and the concurrent findings of fact by the lower courts were supported by evidence; the appellant's defence was found to be an afterthought and not credible.

Citation
19860616 TZCA Dar es Salaam2
Parties
Appellant: Mfaume s/o Seifu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 1986
Procedural Posture
Criminal Appeal / Second Appeal, Judgment
Outcome
appeal dismissed
Legal Topics
Stealing by Public Servant, Receiving Stolen Property, Appellate Jurisdiction, Burden of Proof
Source Language
English
Criminal Law Stealing by Public Servant Receiving Stolen Property Appellate Jurisdiction Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mfaume s/o Seifu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether the appellant fraudulently converted school timber for personal use
  2. 2 Whether the appellant's defence was credible
  3. 3 Whether there was a point of law to ground the appeal

Ratio Decidendi

There was no point of law to ground the appeal, and the concurrent findings of fact by the lower courts were supported by evidence; the appellant's defence was found to be an afterthought and not credible.

Court Disposition

appeal dismissed