NA TZHC DaODOMA
The appellant was found guilty of causing damage to the respondent's property and the compensation order was upheld as justified by the evidence.
Source-derived case information.
- Citation
- NA TZHC DaODOMA
- Parties
- Appellant: Stephano Ernest; Respondent: Egla d/o Samwel
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2013
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Damage to Property, Compensation, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephano Ernest
Appellant
Egla d/o Samwel
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant unlawfully caused damage to the respondent's property
- 2 Whether the compensation awarded was justified
Ratio Decidendi
The appellant was found guilty of causing damage to the respondent's property and the compensation order was upheld as justified by the evidence.
Court Disposition
appeal dismissed
Orders
- appellant to compensate respondent Tshs 130,000 for damaged maize
- appellant placed under conditional discharge for three months
Full Case Text
Judgment text and source record
1 paragraphs
IN THE RESIDENT MAGISTRATE COURT OF DODOMA AT DODOMA - (APPELLATE JURISDICTION) PRM. CRIMINAL APPEAL NO. 33 OF 2012 .(DC) CR. APPEAL NO. 6 OF 2012 (ORIGINAL CRIMINAL CASE NO. 81 OF 2011) OF THE PRIMARY COURT OF IT/GI DISTRICT AT MANYONI STEPHANO ERNEST ........................ APPELLANT VERSUS EGLA D/O SAMWEL .................................. RESPONDENT 7/4/2013 & 14/5/2013 JUDGMENT R.I. RUTATINISIBWA- PRM. EXT. J This is the second appeal. The appellant one STEPHANO ERNEST was successfully sued by EGLA SAMWEL, the respondent for causing damage to property contrajy to section 326 of the Penal Code Cap. 16 Vol. 1 . The trial Primary court had the opportunity to hear from SM 1, EGRA SAMWEL, SMII, STANLEY KUCHAA, SMIII, GRACE GENDEL, then the defence was manned by SU 1 STEPHANO ERNEST, SUII NICHOLAUS MICHAL, and SU Ill STANLEY MSONI. At the end of the full trial the trial court found the appellant guilty and put the appellant under condition discharge for three mqnth and ordered to compensate the respondent with Tshs 130,000/= for the damaged maize. 1