20051206 TZHC Dar es Salaam

20051206 TZHC Dar es Salaam

The court held that the counter claim, being based on alleged theft (a criminal offence), should not be determined in civil proceedings and advised the defendant to pursue criminal action instead. The counter claim was struck out.

Citation
20051206 TZHC Dar es Salaam
Parties
Plaintiff: Mbaraka K. Igwe; Defendant: GAPCO (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2005
Procedural Posture
Civil / Ex Parte Judgment on Counter Claim
Outcome
Counter claim struck out
Legal Topics
Counter Claim, Default Judgment, Conversion of Criminal Matters to Civil Proceedings
Source Language
English
Civil Procedure Criminal Law Counter Claim Default Judgment Conversion of Criminal Matters to Civil Proceedings

Case Brief

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Parties

Mbaraka K. Igwe

Plaintiff

GAPCO (T) Ltd

Defendant

Procedural Posture

Civil / Ex Parte Judgment on Counter Claim

Legal Issues

  1. 1 Whether a civil counter claim can proceed where the underlying facts constitute a criminal offence

Ratio Decidendi

The court held that the counter claim, being based on alleged theft (a criminal offence), should not be determined in civil proceedings and advised the defendant to pursue criminal action instead. The counter claim was struck out.

Court Disposition

Counter claim struck out

Orders

  • Counter claim is struck out.