Tanzania Case Law

CR

Court

TANZLII

The appellant was properly convicted of theft by agent as he converted cattle entrusted to him for temporary use, and the compensation order was lawfully made under section 348(1) of the Criminal Procedure Act, as the offence was not punishable by death and material loss was suffered. The oral agreement issue was a new factual matter not open for consideration on second appeal, and the claim of double punishment was misconceived as the compensation order is not a penal measure.

Source excerpt

• Theft by agent
• Compensation order
• Double jeopardy
• Evaluation of defence evidence
• Oral agreement
• Tort of conversion

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20010827 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal, holding that the District Court wrongly relied on money paid by a third party as evidence of theft by agent.

• Theft by agent
• Evidence admissibility
• Appellate review
• Criminal-law
• Criminal-appeal
• Evidence-admissibility

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19981027 TZHC Mbeya

Court

TZHC

On criminal revision, the High Court upheld a theft-by-agent conviction and ordered the respondent to refund Tshs. 1,350,000/= to the victim.

• Theft by agent
• Restitution
• Sentencing
• Theft-by-agent
• Criminal-revision

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19940706 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal after finding no proof that the appellant converted money for personal use; the dispute was treated as civil, not criminal.

• Theft by agent
• Obtaining money by false pretences
• Breach of contract
• Standard of proof in criminal cases
• Theft-by-agent
• Criminal-proof-beyond-reasonable-doubt

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19930621 TZHC Dar es Salaam

Court

TZHC

The conviction was upheld because the appellant failed to account for the shortage of funds as shown in the audited books, and did not request for the production of the additional account book during trial. The evidence established misappropriation beyond reasonable doubt.

Source excerpt

• Theft by agent
• Evidence
• Sentence

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199306 TZHC Dar es Salaam

Court

TZHC

The conviction was upheld as the appellant failed to account for the shortage of funds, and did not request inspection of the relevant account book at trial.

Source excerpt

• Theft by agent
• Evidence
• Sentence

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19901025 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a criminal appeal, upholding convictions for theft and forgery after finding accomplice evidence sufficiently corroborated.

• Accomplice evidence
• Corroboration
• Identification parade
• Forgery
• Theft by servant
• Theft by agent

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19881017 TZHC Songea

Court

TZHC

Failure to sign and date the judgment is a curable irregularity under section 388 CPA, as sufficient material exists to decide the appeal on merit; the conviction is upheld, but the sentence under the Minimum Sentences Act 1972 is set aside and replaced with three years imprisonment under the Penal Code.

Source excerpt

• Theft by agent
• Sentencing
• Procedural irregularity
• Appeal

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19860622 TZHC Dar es Salaam

Court

TZHC

The High Court allowed a criminal appeal, quashed a conviction for stealing by agent, and set aside a five-year sentence after finding the evidence insufficient.

• Theft by agent
• Burden of proof
• Evidence assessment
• Criminal-law
• Theft-by-agent
• Burden-of-proof

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19820714 TZHC Mbeya

Court

TZHC

The High Court allowed two criminal appeals over diesel theft by agent, quashing the convictions because the evidence did not prove guilt beyond reasonable doubt.

• Theft by agent
• Procedural irregularity
• Burden of proof
• Theft-by-agent
• Criminal-appeal
• Procedural-irregularity

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