19780401 TZHC Tabora

19780401 TZHC Tabora

The appellant did not take the girl out of her parents' possession for more than a temporary, morally reprehensible purpose; thus, the essential ingredient of abduction was not met.

Citation
19780401 TZHC Tabora
Parties
Appellant: Modestus Izibisa; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 April 1978
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Abduction, Sexual Offences, Custody of Minors
Source Language
English

Case Brief

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Parties

Modestus Izibisa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the appellant's conduct amounted to abduction under section 134 of the Penal Code

Ratio Decidendi

The appellant did not take the girl out of her parents' possession for more than a temporary, morally reprehensible purpose; thus, the essential ingredient of abduction was not met.

Court Disposition

appeal allowed

Orders

  • conviction set aside
  • sentence set aside