19880805 TZCA Dar es Salaam

19880805 TZCA Dar es Salaam

The execution of the compensation order was wrongly levied on the appellant's property because he was not a party to the proceedings and there is no legal basis for holding a father vicariously liable for the crimes of his adult son.

Citation
19880805 TZCA Dar es Salaam
Parties
Appellant: Utumbo Mwita; Respondent: Mugini Makore; Co Respondent: Mwita Garinga (deceased)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 August 1988
Procedural Posture
Criminal Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Execution of Compensation Orders, Vicarious Liability, Property Rights
Source Language
English
Criminal Law Civil Procedure Execution of Compensation Orders Vicarious Liability Property Rights

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Parties

Utumbo Mwita

Appellant

Mugini Makore

Respondent

Mwita Garinga (deceased)

Co Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether execution of a compensation order in a criminal case can be levied on property of a third party not party to the proceedings
  2. 2 Whether a father can be held vicariously liable for the crimes of his adult son

Ratio Decidendi

The execution of the compensation order was wrongly levied on the appellant's property because he was not a party to the proceedings and there is no legal basis for holding a father vicariously liable for the crimes of his adult son.

Court Disposition

Appeal allowed

Orders

  • Order for execution against appellant's property set aside
  • 38 head of cattle to be returned to appellant