225 kombo so haji ngenge v r crim app 337 d 67 22667

Info icon This preview shows pages 270–272. Sign up to view the full content.

225. Kombo s/o Haji Ngenge v. R., Crim. App. 337-D-67; 22/6/67; Georges, C.J. Thirteen members of the Dar es Salaam Charcoal Union marched to the Forestry Office with the intention, as they later put it, to commandeer it in the name of “Commercial Revolution.” Entering the premises over the clerk’s objections, they placed a board outside the office and hoisted a flag in the window, engaging the while in “a loud conversation in an unintelligible tongue.” Apparently, no one asked them to leave. They insulted no one, and made no threats. “They were, in affect, demonstrating” There were subsequently convicted of unlawful assembly and criminal trespass. (P.C. ss. 74, 299(b). ) On the convictions for unlawful as- sembly, those with previous convictions (whose character was not specified by the High Court) were sentenced to 9 months’ imprisonment, while the first of- fenders received sentences of 6 months. Held: (1) The criminal trespass convictions cannot stand, since the statute clearly applies to private property and not to public offence. (2) The convictions for unlawful assembly were sound. Accused s’ conduct was not “likely to provoke a breach of the peace by others,” but it was “such that a person in the neighbor- hood could reasonably fear that they would commit a breach of the peace.”(3) This was not “the sort of case where any distinction in punishment should have been made between one accused and another on the basis of previous convic- tions. There would have been justification for imposing a more severe sentence on the ringleader if his role could be established,” but there was no specific evi- dence on that point.
Image of page 270

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

226. Automobile Stores Ltd. v. L. K. Msosa , Civ. App. 3-D-66; 6/7/67; Saidi, J. This case arose out of a motor accident. The judgment of the District Court was delivered on 8 th February, 1966, and a decree was issued on 13 th March 1966. Appellant applied for certified copies of the judgment and the decree on 27 th May, 1966. Respondent claimed that the time for filing an appeal had expired on 9 th May, 1966, ninety days after the judgment was delivered. Held (1) The appeal is lodged against the decision of the trial court, and that decision is contained in the judgment rather than in the decree. The decree is merely a brief declaration of the decision; it is required to agree with the ( 1967) H.C.D. - 62 – Judgment an to bear the date on which the judgment was pronounced. (0.20 rules 6 and 7, C.P.C0 Therefore, the time for filing an appeal should be meas- ured from the date judgment was pronounced. (2) Although, contrary to the pro- visions of the Civil Procedure Code, the decree in this case bore a date later than the judgment, this error did not extend the time for filing an appeal. The appeal was rejected. 227. Abbas G. Essaji et al. v. Gordhan D. Solanki t/a Tailors , Misc. Civ. App. 12- D-67; Hamlyn, J.
Image of page 271
Image of page 272
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern