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. f/-c,,T-- ~--tn\-1 IN THE HIGH COURT OF TAN ZANI.,A ~T T:A:BOR,A ,AFPE1L;AHT JURISDICTION (Tabora Registry) (HC) CRIHINAL A1:1?EAL NO. 109 OF 1985 ORIGINAL CRITITJlUL C1lSE NO .192 OF 1985 OF THE D~J~~i::.:c: JOURT 0:2 :aGOT·'iA DISTRICT ~T IIT 00!1M Before: J• • H. S~IiUM Esq_., DISTRICT M.AGISTRATE LJfOO UR OFFI CRR - KI GO HJi • • • • • ••• • •••••••• -A1?1? lll,LAN T · (Original ,Accused) Verst1s M/s TUPEl'~D,iiNE SHOP •••••••••••••••••••••• RES1?0NDENT ( Original rrosec utor} CHJiRGlh 1st ColJ.!lti 3'ailure to .report: accident to Labour Office c/ss 3 (1) a (3) and 8 (1) of 2nd Count~ Failure. to pay wor:.anen 1 s Compensation due c/ss 42 o.:: wor. Tien 1 s Compensation Cap. 263 as ar11ended by section 42-A of ,Act No.17/83. JUDGEMEW·T MGHOME 1 P.R.M. ( E... J.). This is an appeal by the Laboi1J:' Officer, Kigoma against a decision of the Kigooa District Court. The Respondent M/s Tt1pendane Shop of Ujiji was charged ~:1d. acqui ~ted of two counts. First count is Failure to Report an .t1ccident contrary to section1· 3(1) and (3) and 8(1) of' Cap.3)0 cf ·.;ne Revised I,aws. The second Count is Failure to pay Workr1ens Oonf·iensation due contrary to section 42 of the Worknens Cor:1pennatj_on Act Oap.263 of the Laws . as amI!lended by section 42,A of :Act no,.-17/83. The evidence .q,t the trial wc-.;,s -' .1 a--:.~ the respondent failed to report a fatal accident in reBpact of his night wat.)hman the late Ka,yanda Ntoto Nkuyu who died on 9/D-/83 while on· duty. 2 J The Respondent also Failed to pay Shs. 24, 600/= as compensation to nine defendants of his late watc.hr:J.an~ The trial magistrate acqcct.ited the Respondent on the first cot.mt as ·the latter had been charged with the same offence and the same facts in Criminal Case No.13 of 1984c I agree With the trial nagist::-. _te on t!:;__:_.::: fi.:.•_:~::...,_s-:g ar:. t:1.e first coll.nt and the appeal is dismssed on the 1st count. As for the second count the trial colll't acqUitted the ·Respondent on the ground that they are a _yt-u,.1g bu.siness concern and had no noney to pay. This is a false finding, Fa.yI!J.ent of watc.hr:J.an I s Co:::1pensation is Bandatory and failure to pay can a.mount to distress orders and not to an acqcct. ttalo I therefore ~ulow the appeal on thE second count. The Respondent is ordered to pay the depenfe:adant compensation as ordered in Criminal Case ro ,.13 of 1984 or distress in def.a.lll t. L,. B. WCHOME, PRINC:!:I>.LHi RESIDENT :h/J.AGISTR~T"B, (Extended Jurisdiction) -·~~--- / I certify t(,: y of the o-riginal. .,,:r .' I/ / _/_JJ /I . • KAL~~, . RI :Jr REGIST JlA'R. --~--