19850819 TZCA Dar es Salaam

The appeal is incompetent as no issue of law arises; identification is a question of fact, and both lower courts' findings were supported by evidence.

Citation: 19850819 TZCA Dar es Salaam
Parties: Appellant: The Republic; Respondent: Rajabu Mwinyi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 19 August 1985
Procedural Posture: Criminal Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Robbery With Violence, Receiving Stolen Property, Identification Evidence
Source Language: English

Criminal Law Robbery With Violence Receiving Stolen Property Identification Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Appellant

Rajabu Mwinyi

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether the respondent was properly acquitted of robbery with violence and receiving stolen property
2 Whether identification of the vehicle was sufficient to prove the offence
3 Whether the appeal raises any issue of law

Ratio Decidendi

The appeal is incompetent as no issue of law arises; identification is a question of fact, and both lower courts' findings were supported by evidence.

Court Disposition

appeal dismissed

Orders

Appeal is dismissed as incompetent.