20071207 TZHC Moshi
The trial Magistrate erred in ordering the appellant to pay compensation after acquitting him, as there was no basis for such an order without proof of guilt.
- Citation
- 20071207 TZHC Moshi
- Parties
- Appellant: Eliakimu Kusarindawa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2007
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Malicious Damage to Property, Compensation Orders, Acquittal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Eliakimu Kusarindawa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial Magistrate erred in ordering compensation after acquitting the appellant
Ratio Decidendi
The trial Magistrate erred in ordering the appellant to pay compensation after acquitting him, as there was no basis for such an order without proof of guilt.
Court Disposition
appeal allowed
Orders
- Order for compensation by the trial Magistrate quashed
Full Case Text
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