19730223 TZHC Arusha2

19730223 TZHC Arusha2

The order for compensation was set aside because the appellant was not given an opportunity to challenge the quantum of damages, and the three conditions for awarding compensation under section 176 of the Criminal Procedure Code were not met.

Citation
19730223 TZHC Arusha2
Parties
Appellant: Rashidi S/O Kingazi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 1973
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Compensation Orders, Criminal Procedure, Motor Vehicle Accidents, Insurance Liability
Source Language
English
Criminal Law Traffic Law Compensation Orders Criminal Procedure Motor Vehicle Accidents Insurance Liability

Case Brief

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Parties

Rashidi S/O Kingazi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the order for compensation against the appellant was proper under section 176 of the Criminal Procedure Code
  2. 2 Whether the appellant was given an opportunity to challenge the quantum of damages

Ratio Decidendi

The order for compensation was set aside because the appellant was not given an opportunity to challenge the quantum of damages, and the three conditions for awarding compensation under section 176 of the Criminal Procedure Code were not met.

Court Disposition

appeal allowed

Orders

  • order for compensation set aside