Mwalusanya, J.: The respondent Peter s/o Mtumba was acquitted by the Singida District Court for the offence of cattle theft c/ss 265 and 268 of the Penal Code Cap. 16. It was alleged at the trial that the respondent who is a Ward Secretary of the F Ward of Issuna had on 18/8/89 stolen a cow belonging to the complainant one Mr. Fanuel s/o Msengi who is now the appellant. Aggrieved by the decision of the District Court in acquitting the respondent, the complainant has now appealed to this court. G
This was a public prosecution conducted by the Director of Public Prosecutions (D.P.P.). It was not a private prosecution. That being the case the complainant has no right of appeal to this court. According to section 43 of the Magistrate's Court Act No. 2/1984 appeal from District Courts to the High Court have to be done in accordance H with the procedure stipulated in the Criminal Procedure Act No. 9/1985. Now according to section 378(1) of the Criminal Procedure Act No. 9/1985 only the D.P.P. may appeal against an acquittal to the High Court in respect of public prosecution. The complainant is not personally allowed to appeal in a public I
prosecution - what he can do is to ask the D.P.P. to appeal on his behalf. So the A appeal in this case was misconceived.
The position is different in respect of criminal cases originating from the Primary Courts. Under section 20(1)(a) of the Magistrates' Court Act No. 2/1984, the complainant or the D.P.P. may appeal to the District Court and to the High Court against an acquittal B in a public prosecution. However that is not the position in respect of criminal cases originating from the District Courts.
After reading the evidence on record I am of the view that the appellant may have a remedy by filing a civil suit against either the respondent or Copl. Michael (P.W.3) or C both, whom he alleges he entrusted the missing cow at a public auction. And he may call Amos s/o Misai as his witness whom he alleges was present when either the respondent or Copl. Michael was handed over the cow in question. He is at liberty to seek a redress in a civil court.
Be that as it may, this appeal is misconceived and incompetent. The appellant has no D right of appeal in law. The appeal is dismissed and struck off the register.
E Appeal dismissed.
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