19710517 TZCA Dar es Salaam
- Citation
- 19710517 TZCA Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 17 May 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZCA
- Decision
- 17 May 1971
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The evidence against the appellant was overwhelming and conclusive, and the identification of stolen articles and ownership was properly established. There was no merit in the appeal.
Court disposition
Appeal dismissed
Orders
- Appeal dismissed in its entirety
02
Material facts
Parties
Ram Juma
AppellantThe Republic
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction for breaking into a building and stealing was proper
- 02
Whether the identification of stolen articles and ownership was established
Party arguments
- Applicant
- Appellant challenged the conviction for breaking into a building and stealing.
- Respondent
- Respondent maintained that the evidence was overwhelming and conclusive as to the appellant's guilt.
05
Court’s reasoning
Legal principles
- 01
Trial court judgment and appellate review
Conviction must be based on overwhelming and conclusive evidence, including proper identification of stolen articles and ownership.
06
Ratio, limits and disposition
Ratio decidendi
The evidence against the appellant was overwhelming and conclusive, and the identification of stolen articles and ownership was properly established. There was no merit in the appeal.
Court disposition
Appeal dismissed
- Appeal dismissed in its entirety
Source and reliance status
TZCA · 17 May 1971
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Judgment reading view
Judgment text
The complete available source text.
TZCA
Judgment· 17 May 1971
IN TK. HIOB CQI7RT OP TANZANIA AT DAR 313 SALAA Criminal Appeal No. 136 of 1971 (Original Criminal Case No. 234 of 1970 of the District Court of Morogoro District at Morogoro Bcforo ?J.O. Bbayo, lsq., Resident fagistrate) RAA?1 JUMA •s•ss••.e.ó••.•.•....•...*..a APP2Lii&T vereno TBE RBPJBLIC •...,..,........,...,,,.,,.... R8PODEWT OflARGE: Breaking into a building and stealing c/a 296(1) of the Peai Coda, Cap.16 of the Laws. JtTDOM PATEL AG. J. - Appellant is convicted of hreakin into a building and stealing from therein. The e'vHence is overshelming and conoluaive as to appellant's guilt. The learned, trial magistrate has gone thoroughly into the question of identification of articles tOlen and ownership was also etalished to his complete satisfaction. I.agree with his finding and see no reason to interfere. I certify there is no merit in the appeal and dismiss it in its eatiri'ty. (.n. PAT:L) AG. 3UI0 Dar es SalaW 9 17th May, 1971.
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