19890818 TZHC Dar es Salaam2
The appellate court found there was no evidence to support the order for compensation for stolen money, as the trial magistrate himself admitted insufficient evidence of theft. Therefore, the compensation order could not stand.
- Citation
- 19890818 TZHC Dar es Salaam2
- Parties
- Appellant: Lukodiko; Complainant: Haquote Gwonda Banda; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 August 1989
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Threatening Violence, Compensation Orders, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lukodiko
Appellant
Haquote Gwonda Banda
Complainant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether there was evidence to support the conviction for threatening violence
- 2 Whether the compensation order for alleged stolen money was justified
Ratio Decidendi
The appellate court found there was no evidence to support the order for compensation for stolen money, as the trial magistrate himself admitted insufficient evidence of theft. Therefore, the compensation order could not stand.
Court Disposition
Appeal allowed
Orders
- If the appellant has paid the sum of shs. 1500 as compensation, it should be refunded to her.
Full Case Text
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