19730302 TZHC Arusha4

19730302 TZHC Arusha4

There was no evidence identifying the electric motors as belonging to the company nor evidence linking the appellants to possession; conviction cannot stand.

Citation
19730302 TZHC Arusha4
Parties
Appellant: Stephano s/o Luhwa; Appellant: Juma s/o Ally; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 1973
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Stealing by Servant, Evidence, Conviction, Appeal
Source Language
English
Criminal Law Stealing by Servant Evidence Conviction Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Stephano s/o Luhwa

Appellant

Juma s/o Ally

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether there was sufficient evidence to convict the appellants for stealing by servant

Ratio Decidendi

There was no evidence identifying the electric motors as belonging to the company nor evidence linking the appellants to possession; conviction cannot stand.

Court Disposition

appeal allowed

Orders

  • convictions quashed
  • sentences set aside