General of the Respondent. He sought orders for restitution of his
property seized on 12 September 2007 while he was in Dar es
Salaam , Tanzania and for any order the Court deemed fit to grant.
At the hearing of the Applicant's application , the Respondent
therein contended that the High Court lacked jurisdiction to order
the restitution of the Applicant's property as the right Court to
issue such an order was the District Court where the Applicant
was facing prosecution on a murder charge . The Applicant argued
that there was no connection between the murder charge he was
facing and the property that the Police had seized . The High Court
stated that as the High Court had jurisdiction over murder cases , it
followed that the High Court had jurisdiction to order restitution of
property in murder cases . However, in the instant case, because
there was no connection between the property seized by the
Police and the murder charge which the Applicant was facing , the
High Court's jurisdiction to order the restitution of the property was
ousted and the only avenue open to him was to approach the
District Court where he was charged, to seek orders for restitution
of his property. The Court also stated that though the Applicant
could have applied for prerogative orders from the High Court ,
being the only court vested with jurisdiction to issue such orders ,
such orders could only be granted if they would in no way
prejudice the interests of justice in respect of the murder charge
the Applicant faced . In this regard therefore, the High Court stated
that since the murder charge the Applicant was facing in Criminal
Case No. 933 of 2007 was pending , the Applicant's application to
the High Court was premature and that it had to be stayed until
final determination of the pending murder charge unless the
seized properties had no connection with the charge he face ., .... - )
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