gembula mwanjaa vs director of public prosecutions another 2023 tzhc 327 14 february 2023

gembula mwanjaa vs director of public prosecutions another 2023 tzhc 327 14 february 2023

The High Court is not the proper forum for an application for proceeds of sale of forfeited property under section 16(2) of the Proceeds of Crime Act or section 47 of the Police Force and Auxiliary Services Act; such application must be filed in the court that made the forfeiture order. Wrong citation of law does not render the application incompetent if jurisdiction exists, but in this case, jurisdiction is lacking.

Citation
gembula mwanjaa vs director of public prosecutions another 2023 tzhc 327 14 february 2023
Parties
Applicant: Gembula Mwanjaa; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: M/S Kibaigwa Auction Mart and Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 February 2023
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Outcome
Application struck out for want of jurisdiction
Legal Topics
Jurisdiction, Forfeiture of Property, Unclaimed Property, Preliminary Objection
Source Language
English
Criminal Law Civil Procedure Jurisdiction Forfeiture of Property Unclaimed Property Preliminary Objection

Case Brief

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Parties

Gembula Mwanjaa

Applicant

Director of Public Prosecutions

1st Respondent

M/S Kibaigwa Auction Mart and Court Broker

2nd Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court is properly moved to entertain an application for proceeds of sale of forfeited property under section 16(2) of the Proceeds of Crime Act and section 47 of the Police Force and Auxiliary Services Act
  2. 2 Whether wrong citation of law renders the application incompetent
  3. 3 Whether the application should be filed in the court that made the forfeiture order

Ratio Decidendi

The High Court is not the proper forum for an application for proceeds of sale of forfeited property under section 16(2) of the Proceeds of Crime Act or section 47 of the Police Force and Auxiliary Services Act; such application must be filed in the court that made the forfeiture order. Wrong citation of law does not render the application incompetent if jurisdiction exists, but in this case, jurisdiction is lacking.

Court Disposition

Application struck out for want of jurisdiction

Orders

  • Application struck out
  • No order as to costs