mbaraka k igwe vs gapco t ltd 2005 tzhc 132 6 december 2005

mbaraka k igwe vs gapco t ltd 2005 tzhc 132 6 december 2005

The court held that since the facts alleged in the counter claim amount to a criminal offence (theft), it is not proper to proceed with a civil action before the criminal matter is determined. The counter claim was therefore struck out.

Citation
mbaraka k igwe vs gapco t ltd 2005 tzhc 132 6 december 2005
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 to Civil Liability
Source Language
English
Civil Procedure Criminal Law Counter Claim Default Judgment Conversion of Criminal to Civil Liability

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
  2. 2 Whether the court should allow civil proceedings to take precedence over criminal proceedings

Ratio Decidendi

The court held that since the facts alleged in the counter claim amount to a criminal offence (theft), it is not proper to proceed with a civil action before the criminal matter is determined. The counter claim was therefore struck out.

Court Disposition

Counter claim struck out

Orders

  • Counter claim is struck out.