SALUM S/O ATHUMANI v REPUBLIC 1991 TLR 137 (HC)

 

SALUM S/O ATHUMANI v REPUBLIC 1991 TLR 137 (HC)

Court High Court of Tanzania - Tabora

Judge Korosso J

2 October, 1991

Flynote

Criminal law - Bona fide claim of right - When the defence of bona fide claim of right

can be invoked. H

-Headnote

The appellant was charged with and convicted of the offence of cattle theft c/s 268

and 265 of the Penal Code. During trial he admitted taking the controversial goat

which he alleged belonged to his uncle named Athuman s/o Abdallah - the

complainant in the case. I

1991 TLR p138

A Held: (i) In the absence of any colour of right close relationship between an

accused and the complainant is not enough ground for the defence of bona fide claim

of right;

(ii) there was sufficient evidence to show that the appellant took the goat of

his uncle without the latter's permission or authority.

Case Information

B Appeal dismissed.

No case referred to.

[zJDz]Judgment

C Korosso, J.: The appellant was charged with and convicted of the offence of

stealing cattle c/s 268 and 265 of the Penal Code. He was sentenced to a term of 5

years imprisonment. He is appealing to this Court against that verdict and sentence.

D The appellant had admitted before the Lower Court of taking the goat belonging

to his uncle, one Athuman s/o Abdallah (PW.1). The only excuse and defence was

that the goat belonged to his uncle with whom he had been living at the time of the

event.

This appeal is bound to fail.

F As the law stands today in this country, the relationship that exists between an

uncle and his nephew, or a father and his son, doesn't 'peruse' property. Hence, if

either takes the other's property without the other's permission or authority, one

thereby commits a criminal offence punishable by a fine or imprisonment.

The appellant, having taken a goat belonging to his uncle without the latter's

permission or authority, he cannot take shelter behind the provision of section 9 at

the Penal Code.

Appeal dismissed.

1991 TLR p139

H