Kisinza Lushugembe vs Republic ((PC) (HC) Criminal Appeal No. 85 of 1982) [1983] TZHC 489 (30 May 1983)

IN 'l'HE HIGl-\ COURT OF T ANZ/I.NIA }\PPELLATE JURISDIC'l'IOH (Tabora Registry) (PC) (HC) CRIMINAL APPEAL NOo 85 OF 1982 ORIGINAL CRIMINAL APPEAL NO. 21 OF, 1982 , OF THE DISTRICT COTJftT OF Sl·!INY '\NC:;A DISTRICT CHIBE PR. COUPT CR.CASS NO. 18/82- _AT SHINY,\NGA BSPORE: Ko ,. KASSIM Esq., SENIOR '\pl STRICT MAGISTRATFf KI SIN'."./\ LUSHUGf.MBE "·" •• o o ••• o o ~ a o o"o. o o APPELLANT (Original Accused) VSo THE REPUBLIC o • ,, o o a" o ••••••••••• ~~. • • • RESPONDENT :,,:~ ..... JUDGMENT CHIPETA, J. This appeal has no mcri t whatsoever, and shQtill have been summarily rejected. The appellant was seen untyinq th, goat'~ from the place where the complainant had tied them for the purpose of grazing. sometime later several wi·tnesses saw the appellant. dri vinq ':away the goats. At the time of his arrest, the appellant was still in possession of the goa'ts on the very day the go;,ts wc.:rc stolen. There c,an, th t:crefore, be no doubt at ·ici.11 that the convi.cti6n was inevi tab lee As for. the sentence::, .. it was th, minimum prescribed by iita-tute. For these reasons, this appeal fails ab,d is a,ccordingly tureby _.; (.. dismissed in its entiretyo 0 t Bo Do CHIPETA, JUDGEo Delivered in open court at Kigoma this 30th day of May, 1983. Bo D~ CHIPETJ, JUDGto