Legal Materials Collection

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Welcome to Mzumbe University Legal Repository, In this collection you will find all legal documents like, Reported and unreported cases, ACTS, Government Gazette etc. To view content in this community please register with Mzumbe university Mail eg. yourname@mustudent.ac.tz or yourname@mzumbe.ac.tz. For help call +255734099538/+255713804102

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End date: 2016

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Now showing 1 - 10 of 26
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    Kileo, J.A., .
    (High Court of Appeal Dodoma - Tanzania, 2013) Andrea Kitungu Appelant Vs The Republic Respondent Criminal Appeal No. 185 Of 2010
    The appellant was arraigned for rape in the District Court of Iramba contrary to section 130 (2) (e) and 131 (1) of the Penal Code, Cap 16 R.E. 2002. When the charge was read over to him he replied: "It is true I had carnal knowledge of the said Suzana roneh" following which a plea of guilty was accordingly entered. It was alleged that the appellant had carnal knowledge of a child of three years of age. Subsequently the facts were read over to him to which he also admitted. The trial magistrate however, on the basis of the PF3 which did not show that rape had been committed convicted the appellant of attempted rape and upon the conviction he was sentenced to 30 years imprisonment and twelve strokes of corporal punishment. The High Court upheld his conviction and sentence except for the corporal punishment which was set aside.
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    Anania Bukuku Appellant Vs The Republic Respondent Criminal Appeal No. 65 Of 2012
    (High Court of Mbeya - Tanzania., 2013) Rutakangwa,l.A.,; Mjasiri, l.A"; Juma, l.A.
    An incident of rape occurred at Ilomba area in Mbeya Region at around 16.00 hours on May 3, 2006. The appellant, Anania s/o Bukuku was alleged to have raped one Wambi d/o Mbwete. The appellant was subsequently charged and convicted of the offence of rape contrary to sections 130 and 131(1) of the Penal Code. He was sentenced to 30 years imprisonment and was ordered to pay Shs. 100,000/= compensation to the victim. Aggrieved by the conviction and sentence, he unsuccessfully appealed to the High Court at Mbeya, (Mmilla, J.), hence this second appeal. The appellant denied any involvement in the commission of the rape.
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    Meck Malegesi and Mazura Ndaro Applients Vs The Republic Respondent Criminal Appeal No. 128 of 2011
    (High Court of Appeal Mwanza - Tanzania, 2013) Juma, L.A; Msoffe, L.A.,
    The appellants, Meck Malegesi and Mazura Ndarowere in the District Court of Bunda charged with the offence of stealing by agent contrary to section 273(b) of the Penal Code, Cap. 16. This section states: 273. If the thing stolen is any of the fo/owing things/ that is to say:(a)... (b) property which has been entrusted to the offender either alone or jointly with any other person for him to 1 retain in safe custody or to apply, payor deliver it or any part of it or any of its proceeds for any purpose or to any person; the whole or part of the proceeds arising from any disposal of any property which has been received by the offender by virtue of a power of attorney for the disposal such power of attorney having been received by the offender with a direction that the proceeds should be applied to any purpose or paid to any person specified in the direction, the offender is liable to imprisonment for ten years.
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    Mechmar Corporation(Malysia) Berhard Appleant Vs VIP Engneering and Marketing ltd Respondent
    (The Court of Appeal of Dar es salaam -Tanzania, 2011) Mbarouk,l.A; Kileo, l.A.,; MlasiriI, l.A.
    This is an application for review. By notice of motion, the Court is moved under Rule 66 (1) (b) and Rule48 (1) and (2) of the Court of Appeal Rules, 2009 and Article 13 (6) (a) of the Constitution of the United Republicof Tanzania on the ground that: The Court erred in dismissing Civil Application No. 179 of 2008 without giving the applicant an opportunity to be heard on the matter, particularly given the fact that at the material time, the applicant represented was sufficiently by a lawful authorized attorney in the person of Martha Kaveni Renju, the receiver, in terms of Rules 30 (2) of the Court of Appeal Rules, 2009
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    Mbeho Ngwembe, Matonya Duka , Gangota, Gaitan Adam and Mganga Vs The Republican Respondent
    (The Court of Appeal Dodoma - Tanzania, 2010) Kileo, l.A; Massat, l.A; Oriyo, l.A.
    This is a second appeal. The appellants were convicted as charged by the District Court of Kondoa, of the offence of armed robbery contrary to sections 285 and 286 of the Penal Code, Cap 16, R.E.2002. Each was sentenced to the statutory minimum sentence of 30 years imprisonment and 12 strokes of the cane.he appellants' appeals to the High Court against conviction and sentence were unsuccessful. The learned first appellate judge struck out the appeals for being time barred.
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    Gumbo Omari Vs. The Republic Criminal Application No.3 of 2009
    (Court of Appeal of Tanga- Tanzania, 2010) Munuo, J.A.; Msoffe, J.A.; Kaji, J.A
    This is an application for extension of time to file a review. The applicant appeared in person. The respondent Republic is represented by Mr. Tumaini Kweka, learned State Attorney. The judgment which the applicant wants to challenge in a review was delivered on 3rd June, 2005. Among the reasons which the applicant has given in his affidavit in support of the application is that he failed to file the application in time because of being in prison. That he was not satisfied with the judgment. The application was filed on 29/05/2009.
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    Gossert Mutagaywa Vs. Jamila Kassim Ramadhani Kizenga, Mwamvita Kassim Ramadhani Kizenga and Radhia Kassim Ramadhani Kizenga Commercial Case No. 162 of 2014.
    (High Court of Dar es salaam- Tanzania, 2015) Mwambegele, J. C. M.
    The plaintiff, a natural person, instituted this suit against the defendants jointly and severally for breach of contract, and particularly for the defendants' failure to repay the loan of Tshs. 100,000,000/= which the plaintiff had advanced to them on the 04.01.2014. It is stated in the plaint that repayment was agreed to be done within six months in lump sum and without interest. It is stated further that, as security, the defendants offered their rights of occupancy over their landed properties. The said amount of money advanced as a loan was deposited into the defendants' bank account bearing the name M/S B.A.K Trading Co. Ltd at Stannic Bank, Kariakooo Branch on 06.01.02014. This suit was filed after the defendants had failed to repay the loan within the agreed time.
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    Godi Kasenegala Vs. The Republic Criminal Appeal No. 10 of 2008
    (High Court of Iringa- Tanzania, 2010) Rutakangwa, J.A.; Kimaro, J.A.; Mandia, J.A.
    The Appellant was arraigned with the offence of Rape contrary to sections 130 and 131 (1) of the Penal Code. He was tried by the District Court of Iringa District. On being found guilty as charged, he was convicted and sentenced to life imprisonment. He was also ordered to pay the alleged prosecutrix, Tshs. 200,000/= as compensation. Aggrieved by the conviction and sentences, he unsuccessfully appealed to the High Court at Iringa. Still protesting his innocence, he has lodged this appeal.
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    Godfrey Richard Vs. The Republic Criminal Appeal No. 365 of 2008
    (High Court of Dodoma-Tanzania, 2010) Kileo, J.A.; Massati, J.A.; Oriyo, J.A.
    The Appellant was charged with and convicted of the offence of armed robbery contrary to sections 285 and 286 of the Penal Code (Cap 16 - RE 2002). He was sentenced to the mandatory term of 30 years imprisonment. His appeal to the High Court was dismissed in its entirety. This is his second appeal.
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    Godfrey Lucas Vs. The Republic Criminal Appeal No. 23 of 2013.
    (The Court of Appeal Arusha-Tanzania, 2013) Kimaro, J.A.; Massati, J.A.; Mmilla, J.A.
    This is a second appeal by Godfrey Lucas who was convicted by the District Court of Babati for the offence of receiving stolen property contrary to section 311 of the Penal Code [CAP 16 R.E.2002]. The appellant was charged in the District Court with seven other accused persons with three offences namely, burglary contrary to section 294(1) (a) and 2, stealing contrary to section 265 and receiving stolen property.