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 ., .... - ) r ~ ~~~ ~ q:::- I() '

Select target paragraph3