19981027 TZHC Mbeya

19981027 TZHC Mbeya

The respondent, having been properly convicted of theft by agent, must refund the value of the stolen property to the victim to prevent unjust enrichment from the proceeds of crime.

Citation
19981027 TZHC Mbeya
Parties
Applicant: Republic; Respondent: Alex s/o Ngetwa; Victim: Petro s/o Mtisyo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 1998
Procedural Posture
Criminal Revision / Ruling on Revision From District Court Conviction
Outcome
Order for restitution granted
Legal Topics
Theft by Agent, Restitution, Sentencing
Source Language
English
Criminal Law Theft by Agent Restitution Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Republic

Applicant

Alex s/o Ngetwa

Respondent

Petro s/o Mtisyo

Victim

Procedural Posture

Criminal Revision / Ruling on Revision From District Court Conviction

Legal Issues

  1. 1 Whether the conviction for theft by agent was sound
  2. 2 Whether an order for restitution should be made against the respondent

Ratio Decidendi

The respondent, having been properly convicted of theft by agent, must refund the value of the stolen property to the victim to prevent unjust enrichment from the proceeds of crime.

Court Disposition

Order for restitution granted

Orders

  • The respondent Alex s/o Ngetwa is ordered to refund Tshs. 1,350,000/= to Petro s/o Mtisyo with immediate effect.