Salum S/o Athumani vs Republic [1991] TZHC 21 (2 October 1991)


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.


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