Ramadhani Hassani v. Ramadhani Iddi, Civ. App. 69-DDM-71; 12/5/72; Kwikima Ag. J.

 

Ramadhani Hassani v. Ramadhani Iddi, Civ. App. 69-DDM-71; 12/5/72; Kwikima Ag. J.

The appellant was convicted in a criminal case of burning down the respondent’s house and in addition to being imprisoned was ordered to pay Shs. 250/= to the respondent as compensation for his loss. The respondent then sued the appellant civilly in the primary court which dismissed the suit on grounds that the matter had already been disposed of in the criminal case. On appeal to the district court, however, the respondent was awarded Shs. 990/= as damages.

            Held: (1) “In the case of Abdullah Ramadhani v. Aninate Kimomwe, (1969) H.C.D. n. 24 it was pointed out that; - “The civil action was not barred by the …… criminal proceeding, for the basis of liability is different.” It should be emphasized, for the sake of clarity that the High Court order for compensation in criminal case No. 188/66 did not affect the respondent’s right to sue the appellant in a civil suit.” (2) Appeal dismissed.