makoye so busiga another vs ndagi s o tija 2016 tzhc 2127 12 may 2016

makoye so busiga another vs ndagi s o tija 2016 tzhc 2127 12 may 2016

The trial court acted without jurisdiction in the original criminal case, and the subsequent civil proceedings were tainted by serious procedural irregularities, including improper execution of compensation and improper conversion of criminal to civil proceedings. These irregularities warranted nullification of all civil proceedings and orders in both the trial and District Courts.

Citation
makoye so busiga another vs ndagi s o tija 2016 tzhc 2127 12 may 2016
Parties
Appellant: Makoye S/o Busiga; Appellant: Mabula S/o Busiga; Respondent: Ndagi S/o Tija
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
all civil proceedings and orders before the trial and District Courts are nullified and set aside
Legal Topics
Execution of Compensation Orders, Primary Court Jurisdiction, Conversion of Criminal to Civil Proceedings, Nullification of Proceedings for Irregularity
Source Language
English
Civil Procedure Criminal Procedure Jurisdiction Execution of Compensation Orders Primary Court Jurisdiction Conversion of Criminal to Civil Proceedings Nullification of Proceedings for Irregularity

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Parties

Makoye S/o Busiga

Appellant

Mabula S/o Busiga

Appellant

Ndagi S/o Tija

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court properly executed a compensation order by handing over land to the respondent
  2. 2 Whether the first appellant could object to execution of a criminal order via a civil application
  3. 3 Whether the primary court had jurisdiction to try the offence of stealing by agent under section 273 of the Penal Code

Ratio Decidendi

The trial court acted without jurisdiction in the original criminal case, and the subsequent civil proceedings were tainted by serious procedural irregularities, including improper execution of compensation and improper conversion of criminal to civil proceedings. These irregularities warranted nullification of all civil proceedings and orders in both the trial and District Courts.

Court Disposition

all civil proceedings and orders before the trial and District Courts are nullified and set aside

Orders

  • All civil proceedings before the trial court and District Court are nullified.
  • Orders dated 25/11/2013 in Civil Application No. 12 of 2013 and 11/11/2014 in Civil Revision No. 13 of 2014 are set aside.