19920904 TZHC Dar es Salaam

The Primary Court lacked jurisdiction to try the offence of stealing by agent as it is not listed in the First Schedule to the Magistrates' Courts Act, 1984; the trial was a nullity.

Citation: 19920904 TZHC Dar es Salaam
Parties: Appellant: Stephen Beflo; Respondent: Mathias Dengu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 September 1992
Procedural Posture: Criminal Appeal / Second Appeal
Outcome: trial declared a nullity; proceedings quashed
Legal Topics: Jurisdiction, Stealing by Agent, Cheating
Source Language: English

Criminal Law Criminal Procedure Jurisdiction Stealing by Agent Cheating

Case Brief

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Parties

Stephen Beflo

Appellant

Mathias Dengu

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether the Primary Court had jurisdiction to try the offence of stealing by agent under s.273 Penal Code
2 Whether the charge was properly framed under the correct section of the Penal Code

Ratio Decidendi

The Primary Court lacked jurisdiction to try the offence of stealing by agent as it is not listed in the First Schedule to the Magistrates' Courts Act, 1984; the trial was a nullity.

Court Disposition

trial declared a nullity; proceedings quashed

Orders

Proceedings in the Primary Court and District Court are nullified and quashed.
Complainant may institute the matter in the District Court through the police.