abdi maswi vs raphael daniel 2020 tzhc 3890 27 november 2020

abdi maswi vs raphael daniel 2020 tzhc 3890 27 november 2020

The value of the destroyed trees was not proved as the valuation document related to mature trees, not seedlings, and its maker was not called to testify; therefore, the compensation order was not justified.

Citation
abdi maswi vs raphael daniel 2020 tzhc 3890 27 november 2020
Parties
Appellant: Abdi Maswi; Respondent: Raphael Daniel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Criminal Appeal / Judgment on Second Appeal
Outcome
appeal allowed in part
Legal Topics
Malicious Damage to Property, Valuation of Property, Compensation, Admissibility of Evidence
Source Language
English
Criminal Law Malicious Damage to Property Valuation of Property Compensation Admissibility of Evidence

Case Brief

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Parties

Abdi Maswi

Appellant

Raphael Daniel

Respondent

Procedural Posture

Criminal Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the valuation of the destroyed trees was properly proved
  2. 2 Whether the order for compensation of Tshs 986,000/= was justified

Ratio Decidendi

The value of the destroyed trees was not proved as the valuation document related to mature trees, not seedlings, and its maker was not called to testify; therefore, the compensation order was not justified.

Court Disposition

appeal allowed in part

Orders

  • Order for payment of Tshs 986,000/= quashed and nullified
  • Order for payment of Tshs 986,000/= shall not be enforced