19871126 TZHC Dar es Salaam

19871126 TZHC Dar es Salaam

Criminal proceedings for trespass are valid even if a civil case is pending; entry into disputed land without court order constitutes unlawful trespass. Maintenance for children must be reasonable based on the parent's income.

Citation
19871126 TZHC Dar es Salaam
Parties
Appellant: Doris Thirisa; Respondent: Rashidi Abdallah; Appellant: Dalia Msolongone; Respondent: Fitina Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeals allowed
Legal Topics
Criminal Trespass, Maintenance of Children, Revisional Orders, Compensation, Fine Refund
Source Language
English
Criminal Law Civil Law Family Law Criminal Trespass Maintenance of Children Revisional Orders Compensation Fine Refund

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Parties

Doris Thirisa

Appellant

Rashidi Abdallah

Respondent

Dalia Msolongone

Appellant

Fitina Ramadhani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether criminal proceedings can be entertained when a civil case is pending over the same land
  2. 2 Whether entry into disputed land before civil determination constitutes criminal trespass
  3. 3 Appropriate maintenance amount for children born out of wedlock

Ratio Decidendi

Criminal proceedings for trespass are valid even if a civil case is pending; entry into disputed land without court order constitutes unlawful trespass. Maintenance for children must be reasonable based on the parent's income.

Court Disposition

appeals allowed

Orders

  • Revisional order of District Court quashed; respondent must repay refunded fine or serve jail sentence; compensation to appellant to be repaid or respondent's property attached
  • Respondent in maintenance case to pay appellant Shs. 300 per month effective from February 1985 through Welfare Officer; no order for costs