Michael Selila vs Daniel Mwanisenga (PC Criminal Appeal No 9 of 1997) [1998] TZHC 2301 (8 December 1998)

\kc IN TfE HIGH COURT OF TANZANIA AT MBEYA (PC) CRThINAL APPEAL NC. 9 OF 1997 (Originating from Sumbawanga District Court at Surnbawanga in Criminal Case No. 19 of 1997 Before: S.S. Mbepwa - District Magistrate) MICHAEL SELILA APPELLANT Versus DANIEL MWANISENGA .. . ., . RESPONDENT JUDGIENT This is an appeal by Michael Selila who lost both in the 1imary Court of Laela and District Court of Sumbawanga for the offence of stealing by agent c/s 273 of the Penal Code is a bit unfounded. It was argued in his absent because he did not attend to this court through served as confirmed by the Rukwa RCO, The dispute was over a house which the appellant Michael 3/0 Selila allege was his property with the respondent as his tenant who refused to pay rent whereas the respondent Daniel Mwanisenga alleged he was the tendor having bought it properly from the very appellant. That being the case before filing any criminal case there ought to have been filed a civil suit to establish who is trace owner of the suit premises. This appeal is therefore uselessand need to be dismissed. It is hereby dismissed. This being a criminal case there is no order of costs. Each party shall bear his own costs.. It is ordered that the appellant shall file a fresh civil suit claiming for declaration that he is the owner of it and for damages for loss of etc. The same suit must he filed within time which shall begin to count from todaor the day this judgement is read availed to him. (Sgd.) E.L.K. MWIPOPO JUDGE. • 7i2/98. I CERTIFY TEIAT THIS IS A TRUE COP3C OF THE ORIGINAL. DISTRICT REGISTRAR.