1987071987 TZHC Dar es Salaam

1987071987 TZHC Dar es Salaam

There was no credible evidence of forcible entry or threats by the appellant; the dispute was civil and should have been treated as such, not criminal.

Citation
1987071987 TZHC Dar es Salaam
Parties
Appellant: Mohamed Njema; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1987
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal allowed; conviction quashed; sentence set aside
Legal Topics
Forcible Entry, Land Ownership, Civil Versus Criminal Dispute
Source Language
English
Criminal Law Forcible Entry Land Ownership Civil Versus Criminal Dispute

Case Brief

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Parties

Mohamed Njema

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 whether there was forcible entry as contemplated by s.85 of the Penal Code
  2. 2 whether the dispute was criminal or civil in nature

Ratio Decidendi

There was no credible evidence of forcible entry or threats by the appellant; the dispute was civil and should have been treated as such, not criminal.

Court Disposition

appeal allowed; conviction quashed; sentence set aside

Orders

  • Appellant's conviction quashed
  • Sentence set aside