19830325 TZHC Tabora

IN THE HIGH C0TIRP OF TANZANIJ AT T4,BORA • JIJRISDI CTON-- HIGH COTJP CRIHIFAL ArTEAL ITO 101 OP 1980 C/F MISC aR.AprLI0TIoN NO. 4 OP 1980 ORIGPTAL CRIPTINAL CA T0. 647 OF 1979 OF THE DISTRICT COURT OF T001RA DI<3TRICT AT TABORA Before. i'IITYO, Esa REC$IDENT MITRATE

RASHIDI KAOKO KASVPKA APPELL NT (OrigiiA.cGuse) Versus T HE C: .- . . . . _- ,- . • , .•. . . RESPONDENT (Original Prosecutor) • OGE: Allowing pundable animals to traspa sa c/s 6 (1) and 7 Capi 154 Vo]iV Tars. J. U D G M B N T MUN Y ERA J.- The appellant was convicted of permitting his cattle to trespass on tobacco shambas belonging to 6 people. He was fined shs.1001= (maximum for first offender) and ordered to pay compensation ofShs.6,400/= to be shared equally between - the complainants. The story was that on 28/10/78 one Dominico Kltamili (P.W.1) went to the tohacco nursery and found the appellant's cattle feeding on the seedlings, He impounded thW, He then sent for the ape11ant. When he came he called the complainant a thief because he was holding his cattle.. At last the appellant was charged. He denied that his cattle went to the shamba. The appellant's cattle were said to have trespassed on 6 people but only two (p.w.i and P,W.2) gave evidence. The trial magistrata fbund that the appollan's cattle had trespassed on the shamba and convicted him. I have no quarrel about this finding, The sentence of Shs.100/= fine was the most lenient. As regards the order of ooripensatibn of Shs.6,400/=, there was no proof that the valie of the seédlngs amounted to that swn, I It was the fist cbmplainant Dominico (P.W.i) who stated at the end of his evidence that the value of the crops of all complainants ampuntad to Shs6,.400/= He did not say how he arrived at that figure. It was a more unproven allegation, I dismiss the apreal against conviction. The appeal , against the orde' of COl flS ,Q,fl;:5 11vd. The order of oompen-stion of Shc.6,400/= is set aside. F.A. LUIERA, J. 25/3/83.