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WRITTEN SUBMISSION BY THE Respondent Aggrey Wakili

This document is a written submission by the respondent in a criminal appeal case. In the submission, the respondent argues that: 1) The trial court correctly evaluated the evidence presented by the appellant and found he had an intent to defraud the respondent. 2) The trial court properly convicted the appellant, as the respondent proved his case beyond a reasonable doubt. 3) The trial court's order for the appellant to refund 300,000 Tanzanian shillings to the respondent was valid, despite a lack of documentary evidence, as the appellant admitted receiving money from the respondent but did not perform the agreed-upon work. The submission aims to justify the trial court's rulings on each of the appellant's

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Jonas S. Msigala
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7K views3 pages

WRITTEN SUBMISSION BY THE Respondent Aggrey Wakili

This document is a written submission by the respondent in a criminal appeal case. In the submission, the respondent argues that: 1) The trial court correctly evaluated the evidence presented by the appellant and found he had an intent to defraud the respondent. 2) The trial court properly convicted the appellant, as the respondent proved his case beyond a reasonable doubt. 3) The trial court's order for the appellant to refund 300,000 Tanzanian shillings to the respondent was valid, despite a lack of documentary evidence, as the appellant admitted receiving money from the respondent but did not perform the agreed-upon work. The submission aims to justify the trial court's rulings on each of the appellant's

Uploaded by

Jonas S. Msigala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE DISTRICT COURT OF ILALA

AT SAMORA AVENUE/KINYEREZI
DAR ES SALAAM

CRIMINAL APPEAL NO. 59 OF 2019

TITUS BERNARD ………………………………………………………………..


APPELLANT
VERSUS
NASIB FUSSI ………………………………………………………….……….RESPONDENT

WRITTEN SUBMISSION BY THE RESPONDENT IN REPLY TO THE


APPELLANT WRITTEN SUBMISSION.

As it may please your honor,


We have gone through the Appellant’s written submission in chief and wish to state as follows:-

On the first ground of Appeal that the Honourable Trial Court, grossly erred in law and
fact in failure to accord any weight the evidence adducced by the Appellant which
established conclusively that the Appellant had no any intent to defraud the Respondent.

The trial court was very right to accord weight of the evidence adduced by the appellant because
at first place he agreed that there was a contract between the appellant and respondent whereby
the respondent hired appellant for repair works and advanced him for purchases of the electrical
supplies and ceiling board materials.

He received the money and never did a job and ran away until the respondent apprehended SU2
Maiko Francis and appellant’s wife. The disappearance justifies that he had an intent to defraud
the respondent……………………………………………………………..

Your honor,

On the second ground of appeal that the Trial Court grossly erred in law and fact in
convicting the Appellant without the Respondent proving his case beyond reasonable doubt
as required by the law relating to criminal matters as basing to the circumstances of the
case the matter was more civil in nature than criminal one.

The trial magistrate was right in law and fact in convicting the appellant because respondent
proved his case beyond reasonable doubt as required by the law relating to criminal matters.

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During proceeding of the case the appellant agreed he received the money from the respondent
and he never said as to why he had never bought a single item in question.

Your honor,

That the trial court grossly erred in law and fact in ordering the Appellant to refund to the
Respondent a sum of T. Shs. 300,000/- where there was no any documentary evidence proving
the appellant to receive the alleged money from Respondent.

DATED at Dar es Salaam this 9th day of November, 2015.

………………………………………
Advocate for the Plaintiff

Presented for filing this ……………… day of ………………………………. 2015.

…………………………
Registry Officer

Drawn and Filed by:

……………………………………..
Benitho L. Mandele (Advocate),
c/o Destiny Law Attorneys,
The Palm Residency,
1st Floor, Left Wing, Chimara Street,
Opposite Ocean Road Cancer Institute,
P.O. Box 12076,
Dar es Salaam.

2
To be Served Upon:

M. Mugoka, Esq.
Kesaria & Company,
Advocates,
36 Bibi Titi Mohamed Street,
P.O. Box 729,
Dar es Salaam.

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