19940302 TZHC Dar es Salaam

The conviction was based on credible evidence from the complainant and an eyewitness, and there was no reason to doubt their testimony. The order for compensation against the acquitted second accused was unlawful as only convicted persons may be ordered to pay compensation.

Citation: 19940302 TZHC Dar es Salaam
Parties: Appellant: Edward Philip Mhando; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 March 1994
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: Appeal dismissed; conviction and sentence confirmed; compensation order against second accused set aside.
Legal Topics: Stealing by Agent, Assessment of Witness Credibility, Compensation Orders, Powers of Appellate Court
Source Language: English

Criminal Law Stealing by Agent Assessment of Witness Credibility Compensation Orders Powers of Appellate Court

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Parties

Edward Philip Mhando

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the conviction of the appellant for stealing by agent was proper based on the evidence and credibility of witnesses
2 Whether the order for compensation against the acquitted second accused was lawful

Ratio Decidendi

Court Disposition

Appeal dismissed; conviction and sentence confirmed; compensation order against second accused set aside.

Orders

Conviction and sentence of appellant confirmed
Order for compensation against second accused set aside