19911021 TZHC Dar es Salaam

19911021 TZHC Dar es Salaam

The court found that the 1st and 3rd accused were grossly negligent in failing to ensure live wires were securely fixed, directly leading to the electrocution and death of the deceased. The 2nd accused was acquitted as he had no role in fixing the wires.

Citation
19911021 TZHC Dar es Salaam
Parties
Prosecution: Republic; 1st Accused: Omari Hussein Mganga; 2nd Accused: Hamisi Bakari Katuli; 3rd Accused: Said Mohamed Katuli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 1991
Procedural Posture
Criminal Session / Judgment
Outcome
1st and 3rd accused convicted of manslaughter by negligence; 2nd accused acquitted.
Legal Topics
Manslaughter, Negligence, Electrocution, Culpable Negligence
Source Language
English
Criminal Law Manslaughter Negligence Electrocution Culpable Negligence

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Parties

Republic

Prosecution

Omari Hussein Mganga

1st Accused

Hamisi Bakari Katuli

2nd Accused

Said Mohamed Katuli

3rd Accused

Procedural Posture

Criminal Session / Judgment

Legal Issues

  1. 1 Whether the deceased died by electrocution
  2. 2 Whether the accused were criminally negligent causing the death

Ratio Decidendi

The court found that the 1st and 3rd accused were grossly negligent in failing to ensure live wires were securely fixed, directly leading to the electrocution and death of the deceased. The 2nd accused was acquitted as he had no role in fixing the wires.

Court Disposition

1st and 3rd accused convicted of manslaughter by negligence; 2nd accused acquitted.

Orders

  • 1st accused sentenced to a fine of TZS 7,000 or six months imprisonment.
  • 3rd accused sentenced to a fine of TZS 10,000 or eight months imprisonment.