19710911 TZHC Arusha

• : IN THB HIGH COURT OF TANZANIk AT ARUSHA

APPELLATE JURIBBICTION CRIMINAL APPEAL NO. 260 OF 1971 OIUGINAL CRThIINAL CA S2 NO. 154 OF 1971 OF THE

DISTRICT COURT OF PARE DISTRICT AT SAME Before C.H. Msama..........istrict Magistrate 1. ?USUF BAUD ) 2 • HALIMA DAUB APPELLANTS/ACCUSED BintJULIADAUDI)

HAMED DAUDI versus THE REPUBLIC ............ 000.RBSPONDENT/PROSBCUTOR CHARGE: 1a1iciou.s damage to property contrary to section 326 (i) of the P4nal Code, Cap. 16 of the Laws. J U D G I.: B N T •PATEL, Ag. J. - This is an appealEgainst conviction for "Causing N alicious damage to property. I t seems there is some confusion Is to who was the owner of the piece of land on the day the incident took place. Both appe...lants and complainant seem to claim ownership of the said piece of land on the material day. i.e. on 4th day of March, 1971. It appears that the question of owner - ship was sorted out before a Primary Court but a copy of the o!!der of the said primary Court was not produced before the trial court. The learned State Attorney submitted that the case be sent back to tri&Z. Thr.'etria1.. I agree with this submission. It is ordered that the case file be sent back to the trial oourt for retrial of the case and particularly to bring on record the Primary Court's order as to the ownership of the land in 4aestion. Arusha - 11/9/71 • . ..• 1, • (R. B. Patel) AG. J U D G E j sm