Kapombe Deusi vs United Republic (H/C Criminal Appeal No. 96/90) [1990] TZHC 91 (15 November 1990)

RUBAMA,J1 -1,(. IF AKl.Rl';.., . Kl1POMBE DEUSI-------------".".:..:."".AJ?PELLANT (?rigihl Accused) . :v.ersus • THE UNIT.BD REPUBLIC------------RESPONDBNT (Original Brosecutor) . . J-UDGi:ENT .; KAPOMBE DEUSI was charged with and convicte1 of hous~ breaking c/. ·-- 294() pf the Penal Code and econdiy stealing ;/s 265 of the Penal Cod. 1 i He was aenienced to three years imprisonment in respect of the first , ,}'; count and five years imprisonment in respect_of the second eounti. these custodial sentences were _ordel'.ecl to run conc'tU'rently. Th& facts found established bj the trial magistrate were'that on 7th Decmber 89 at fubingu Village within the District of Kilombero,. · Morogoro Region the house 0f Francis Lupondo was broken into and from therein st:>len several i terns whose total value was shs. a6, 650/=. ~ Kapombe Deusi, the ,appellant, was seen by several people selling se•nd hand clothes and was apprehendedg on apprehension the appelln~ conf 7 ssed to.,, having stolen from t'he house of Francis Lupondo. The appellant has filed four grounds of appe&l mos~ of whieh were properly labeled by Mr. M&tupa, learned State Attorney for he-Republic . .,, ""-¥ . aa irrelevant and unsupported by the evitlence on record. He has on his first and eienl grounds of appeal stated that the trial magistrate , 1..,1.'.' r.-. •> --,.', , . : ~ "l◊ ..; '·, had a·;rudge agaist:him (dppellant), He maintained hat him and th til magis·trate had a confli;r,t ovJr boundries of their shambas and tha't a Ward Seoretar¥ had ruled in his favGur and following ths ruling the tria .. magistra,te had charged him 'wi-th an- .offence and ca-qsing disturbances to him in a bar and had. him fi-r.e:i 3,000/-. In other words the trial magi(>trat~-...: '• 'had-been his acduser and,judg~. Both these accusations remain insbstlted. 1 and unreflected on the reoord~ Also not reflectei on the reoori i~ the -~ appellant is third grouJ .of apeal that he had sked the trial .magistrate o disqualify_ himelf from th·heiring of the case and 1ha1 . the tr,ii mag1$trate had reject_ed .hi:s plea. On _account of this reii,al he decide{ to rematn ilnt throuh-out th proceedin~s. This later ia,t is reflected on the reaord. " '

2 Having gone thr0ugh the record of the proceedings I am satisfied . . that sufficient evidence exists to justify the conviction ·of the appellant Though he had not been seen coinmi tting the offences, the. · i terns which he had been found in possession of had not been properly iJentified by Francis Lupondo; there is evidence of confession by the appellant made to several people two.of whom were blood relations of the appellant.· These could hardly tell lies against the appellant. The appeals against the coniticins and the mne concurrent custo1ials sentenoas is dismissed.. 15/11/90 Coram- Rubam-a,J. Parties absent Judgment delivered~ JUDGE i 5,, 11 ~ 90 JUDGE i 5 ~ 11 e 90