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Unaponunua mali ya wizi sheria inasemaje?

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by GAZETI, Jul 15, 2011.

  1. GAZETI

    GAZETI JF-Expert Member

    #1
    Jul 15, 2011
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    Habarini ndugu zangu; Nataka kufahamu (a) iwapo umenunua mali ambayo iliibiwa mahali na ukakamatwa nayo sheria inasemaje? (b) Iwapo aliyeiba hiyo mali ambayo umeuziwa kapatikana, hapa napo sheria ikoje? Ahsanteni.
     
  2. m

    mwananyiha JF-Expert Member

    #2
    Jul 15, 2011
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    Labda upitiepitie hapo chini inaweza kukusaidia:

    94 CAP. 16] Penal Code CHAPTER XXXIReceiving Property Stolen or Unlawfully Obtained and Like Offences311.-(1) Any person who receives or retains any chattel, money,valuable security or other property whatsoever, knowing or havingreason to believe the same to have been feloniously stolen, taken, extorted,obtained or disposed of, is guilty of a felony, and is liable toimprisonment for ten years.(2) Any person who receives or retains any chattel, money, valuablesecurity or other property whatsoever, knowing or having reason tobelieve the same to have been unlawfully taken, obtained, convertedor disposed of in a manner which constitutes a misdemeanour, is guiltyof a misdemeanour and is liable to the same punishment as the offenderby whom the property was unlawfully obtained, converted or disposed of.312.-(1) Any person who-(a) has been detained» as a result of the exercise of the powers conferredby section 24 of the Criminal Procedure Code and is foundin possession of, or conveying in any manner, anything whichmay be reasonably suspected of having been stolen or otherwiseunlawfully acquired; or(b) is found1 by any-police officer in possession of or having controlover any property which may, having regard to all the circumstances,be reasonably suspected of having been stolen orotherwise unlawfully acquiredmay be charged with being in possession of, or conveying, or havingcontrol over, as the case may be, the property which is suspected ofhaving been stolen or otherwise unlawfully acquired and shall, if he failsto satisfy the Court that he did not steal or otherwise unlawfully acquirethe property, be guilty of the offence ;with which he is charged and beliable, on conviction, to imprisonment for a term not exceeding threeyears.Penal Code [CAP. 16 95(2) For the purposes of this section "unlawfully acquired" means acquiredin circumstances which constitute a criminal offence under anywritten law and also' means acquired-(a) as consideration of any sale, barter or other disposition of anyproperty so unlawfully acquired; or(b) by way of purchase with funds, the whole or any part of whichwas so unlawfully acquired.(3) In proceedings for an offence under this section-(a) the accused shall not be entitled to acquittal by reason only ofthe fact that, on the evidence before the court, he could havebeen charged with, or convicted of, theft or other like offencein respect of the property:provided that where an accused person is convicted of an offenceunder this section in respect of any property, he shall not be chargedwith or be convicted of an offence of stealing or other like offence inrespect of the same property:(b) where the court is satisfied that the accused was detained by apolice officer in the exercise of the powers conferred upon himby section 24 of the Criminal Procedure Code the court maypresume that the property found in his possession or being conveyedby him may reasonably be suspected of having been stolenor otherwise unlawfully acquired by him.312A. -(1) The Minister for the time being responsible for legal affairsmay by notice in the ​
    Gazette give directions as to the marks which maybe applied in or any stores under the control of any branch or departmentof, and being the property of, the Government of the United Republic,the Community or a Corporation within the Community.(2) Any person who is charged with conveying or having in his possession,or keeping in any building or place, whether open or enclosed,any stores so marked, which may be reasonably suspected of havingbeen stolen or unlawfully obtained, and who shall not give an accountto the satisfaction of the court of how he came by the same, is guilty ofa misdemeanour.(3) Any person conveying or having in his possession, or keeping inany building or place, whether open or enclosed, any stores being theproperty of Her Majesty's Army, Navy or Air Force, or96 CAP. 16.] Penal Codeof the military forces of the United Republic, which may reasonablybe suspected of having been stolen or unlawfully obtained,and who shall not give an account to the satisfaction of the, court ofhow he came by the same, shall be guilty of a misdemeanour.(4) For the purposes of this section the term "stores" includesall goods and chattels and any single store or article or part thereof,and the word "marks" includes mark or any part of a mark.313. Every person who, without lawful excuse, knowing thesame to have been stolen or obtained in any way whatsoever underoutside such Circumstances if the act had been committed in Tan-Tanganyika ganyika the person committing it would have been guilty of afelony or misdemeanour, receives or has in his possession anyproperty so stolen or obtained outside Tanganyika, is guilty of an
    offence of the like degree (whether felony
     
  3. Buchanan

    Buchanan JF Diamond Member

    #3
    Jul 15, 2011
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    Hizi Sheria bado zina Jina Tanganyika au umetumia Sheria za zamani?
     
  4. zomba

    zomba JF-Expert Member

    #4
    Jul 15, 2011
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    Anae nunuwa mali ya wizi na yeye ni mwizi. Simpo.
     
  5. m

    mwananyiha JF-Expert Member

    #5
    Jul 15, 2011
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    Mkuu hii sheria ni ya mwaka 1945 kabla ya uhuru na kabla ya muungano na imekuwa ikifanyiwa marekebisho mbalimbali. Na ikumbukwe kuna sheria ambazo zinatumika upande wa bara tu na zingine upande wa visiwani tu. Kama zilivyo sheria za ardhi.
     
  6. mbasajohn

    mbasajohn JF-Expert Member

    #6
    Jul 18, 2011
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    bila kutaja kifungu chochote cha sheria though am suppose too,
    kwenye a) ikiwa utakamatwa na k2 cha wiz, ikiwa ulikuwa unajua au unasababu ya kujua unakuwa umetenda kosa na ikithbtka utahukumiwa kwa mujb wa sheria.
    Lakn ikiwa hukujua na hukuwa na sabab ya kujua princple ya doctrine ya recent possesion itatumika ambapo mahakama itataka uonyeshe beyond reasonable dought na ukishndwa kuishawishi mahakama wewe ndo utakuwa mwiz wa k2 hcho.
    Kuhusu b) ikiwa swala lako linaangukia kwenye maelezo yangu ya awal yaan ulijua juu ya wizi hapo bado utakuwa na hatia lakn kama kesi yako itaangukia kwenye kpengele cha cha doctrine of recent possesion hapo utakuwa huna hatia maana utakuwa umefankiwa kuishawish mahakama kwamba huna hatia.
     
  7. Aloysius

    Aloysius Member

    #7
    Jul 20, 2011
    Joined: Mar 1, 2011
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    Nitalipatia swali lako jibu rahisi nafkiri kuliko yaliyo tangulia; Shreria uendeshwa na kanuni anu ni kanuni (Principles), Kanuni zinazotumika katika mazingira kama hay nikama zifuatazo; Bona fide purchasor, principles of burden of proof, a person cannot give that which he does no have. Hizi zote ni terminology muhimu ili kumaliza swala lako. 1. Sheria inasema wewe ulionunua utachukuliwa ndiye mwizi ( doctrine of recent possesion) hila tu ukionyesha ni namna gani ulipata umiliki. 2. Ukionekana ni mnunu zi usiye na hila basi mali ile utairudisha kwa mwenye nayo kwakuwa huyo aliyekuuzia hakukuizia kwasababu hana umiliki. Remedy uliyonayo; akipatikana tapeli wako unaweza ukamshitaki kwa madai huku upande wapili atashitakiwa na jamuhuri kwa jinai (wizi). Kunawakati mnaweza mkashitakiwa wote au ukaupata umiliki kutegemeana na aina ya wizi; hizo ni sehemu ngumu zinazoweza kueleweka kwa muongozo wa karibu wa wajuzi wa sheria. Aloysrugazia@yahoo.com
     
  8. Pasco_jr_ngumi

    Pasco_jr_ngumi JF-Expert Member

    #8
    Jul 20, 2011
    Joined: Nov 20, 2010
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    nimesoma bussiness lawa.... mali iliyoibwa itabakia kuwa mali ya mwenye mali hadi uhai wa mali husika...... so mwenye mali akikukuta nayo..... we ni mwizi...... unless apatikane aliyekuuzia,, au wote mna kesi ya kujibu.
     
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