Dar Court throws out businessman objection

THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday dismissed the objection presented by prominent businessman Marijani Abubakar, alias Papaa Msofe, for stay of proceedings of his new case involving forgery of transfer of right of occupancy document.

Principal Resident Magistrate Renatus Rutatinisbwa ruled against the businessman, saying the court was conferred with jurisdictions to give decisions relating to the issue in hand.

The magistrate, therefore, ordered the case to be mentioned on October 2, for other necessary steps that would follow. In his ground of objection, the businessman, through his advocate Majura Magafu, had sought for stay of the proceedings of the criminal case, submitting that there was a similar case of civil in nature, which is pending before the High Court’s Land Division.

The advocate had submitted that it would be proper for the criminal case to be stayed to pave ways for High Court to proceed determining rights of the parties first before resorting to other avenues. In the case, Papaa Msofe is charged that on December 23, 2004 in Ilala District in the city, with intent to defraud or deceive, the accused person forged a document of transfer of right of occupancy dated December 23, 2004.

According to the prosecution, the businessman purported to show that one Onesphory Kitully, who is claimed to be deceased, transferred all his rights on plot no 288 to him, the facts which he knew to be false.

The prosecution alleges that between December 23, 2004 and March 30, 2005, in Ilala District, within the city, the accused person uttered the forged document to the Commissioner of Lands, purportedly showing that Kitully transferred all his right on plot number 288 to Msofe.

Papaa Msofe is charged in the new case after the Director of Public Prosecutions (DPP) decided to enter nolle prosequi in his favour against the charge of murder he was charged alongside another businessman, Makongoro Joseph Nyerere.

In the old case, the two businessmen were alleged to have murdered their co-businessman, Onesphory Kituly, on November 6, 2011, at Magomeni Mapipa, Kinondoni District in the city.