Michael Selila vs Daniel Mwanisenga (PC Criminal Appeal No. 9 of 1997) [1998] TZHC 2428 (8 December 1998)

IN 'Hi'€: HIGH COURT OF ':I.1ANZANIA (PC) CRIMINAL APPEAL NO. 9 OF 1997 (Originating from Sumbawanga District Court at Surnbawanga in Criminal Case No. 19 of 1997 Before: SoSo Mbepwa - District Magistrate) MICHAEL SELILA APPELLANT Versus DANIEL MWANISENGA RESPONDENT This is an appeal by Michael Selila who lost both in the Primary 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 unfoundedo 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 s/o Selila allege was his property with the resondent as his tenant who refused to pay rent whereas the respondent Daniel Mwenisenga alleged he was the tendor having bought it properly from the very appellant. 11hat 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 useless and need to be dismissed. It is hereby dismissed. 'I'his 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 today or the day this judgement is read availed to him. (Sgd.) I CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINALo EoLoK. MWIPOPO JUDGE • .,_W12/98. ■

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