20010202 TZHC Dar es Salaam

20010202 TZHC Dar es Salaam

The trial court was functus officio after passing sentence and lacked jurisdiction to suspend the demolition order or grant relief to a non-party; the subsequent proceedings and orders were a nullity and must be quashed; the applicant had locus standi and the DPP was properly joined.

Citation
20010202 TZHC Dar es Salaam
Parties
Applicant: Abdulkadir Luta Mohamed; First Respondent: Director of Public Prosecution (DPP); Second Respondent: Auto Garage Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 February 2001
Procedural Posture
Criminal Revision / Ruling on Preliminary Objection and Merits of Revision Application
Outcome
application for revision allowed; preliminary objection dismissed
Legal Topics
Revision Proceedings, Functus Officio, Locus Standi, Jurisdiction of Criminal Courts
Source Language
English
Criminal Law Criminal Procedure Revision Proceedings Functus Officio Locus Standi Jurisdiction of Criminal Courts

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Parties

Abdulkadir Luta Mohamed

Applicant

Director of Public Prosecution (DPP)

First Respondent

Auto Garage Ltd

Second Respondent

Procedural Posture

Criminal Revision / Ruling on Preliminary Objection and Merits of Revision Application

Legal Issues

  1. 1 Whether the trial court was functus officio after passing sentence and thus lacked jurisdiction to suspend demolition and allow continued business operation on application by a non-party
  2. 2 Whether the applicant had locus standi to bring the revision application
  3. 3 Whether joining the DPP as respondent was proper in criminal revision proceedings

Ratio Decidendi

The trial court was functus officio after passing sentence and lacked jurisdiction to suspend the demolition order or grant relief to a non-party; the subsequent proceedings and orders were a nullity and must be quashed; the applicant had locus standi and the DPP was properly joined.

Court Disposition

application for revision allowed; preliminary objection dismissed

Orders

  • proceedings and order dated 4-1-2000 quashed and set aside