lumelinda vs mteje 1998 tzhc 11 31 august 1998

lumelinda vs mteje 1998 tzhc 11 31 august 1998

The charge was defective for failing to specify the exact abusive words and omitting the essential ingredient of likelihood to cause breach of peace; evidence did not establish the alleged words were uttered or directed to the appellant; proceedings and judgment below were nullities due to failure to comply with rules regarding assessors' opinions and signatures.

Citation
lumelinda vs mteje 1998 tzhc 11 31 august 1998
Parties
Appellant: Prisca Lumerinda; Respondent: Ally Mteje; Appellant: Hamisi Athumani; Respondent: Jumanna Makambi; Respondent: Kondo Matambura; Respondent: Todi Kitwamra
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 1998
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Abusive Language, Defective Charge, Breach of Peace, Assessors' Opinions, Judgment Formalities
Source Language
English
Criminal Law Civil Procedure Abusive Language Defective Charge Breach of Peace Assessors' Opinions Judgment Formalities

Case Brief

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Parties

Prisca Lumerinda

Appellant

Ally Mteje

Respondent

Hamisi Athumani

Appellant

Jumanna Makambi

Respondent

Kondo Matambura

Respondent

Todi Kitwamra

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the respondent uttered abusive language as alleged
  2. 2 Whether the charge was properly framed under section 89(1)(a) Penal Code
  3. 3 Whether the proceedings and judgment complied with rules regarding assessors' opinions and signatures

Ratio Decidendi

The charge was defective for failing to specify the exact abusive words and omitting the essential ingredient of likelihood to cause breach of peace; evidence did not establish the alleged words were uttered or directed to the appellant; proceedings and judgment below were nullities due to failure to comply with rules regarding assessors' opinions and signatures.

Court Disposition

appeal dismissed

Orders

  • Acquittal verdict upheld
  • Leave granted for appeal and certificate of point of law issued