Chavda vows to appeal over criminal charge

Dar es Salaam. The Kisutu Resident Magistrate’s Court has refused to dismiss a criminal case against a prominent businessman, Mr Pravinchandra Chavda, who objected to it because it is civil.

Mr Chavda, 73, was charged with criminal offences at the court last year, accused of fraudulently obtaining a plot on the Msasani Peninsula, providing false information to the Dar es Salaam Central Police Station regarding the loss of title deeds, and forging documents.

However, the accused person, who is out on bail, filed an objection last month, requesting the court dismiss the case because it has the nature of a civil case.

In a decision announced on Friday, senior resident magistrate Aaron Lyamuya, who is hearing the case, dismissed the objection, saying the court does not see it as a civil case, especially considering that there are issues of fraud and acquiring plots dishonestly.

“The court has reviewed the arguments presented by both sides and does not see the nature of a civil case in this charge sheet. Instead, it sees a criminal case because it involves issues of fraud, which fall under the penal code,” said Mr Lyamuya.

He also directed the hearing of the case to start on August 19, 2024, asking the prosecution to bring witnesses on that day.

Shortly after the decision was delivered, defence lawyer Majura Magafu said his client was dissatisfied with the decision and intended to appeal against it.

He requested the court provide a copy of the decision along with the case proceedings.

Magistrate Lyamuya said that a copy of the decision and the case proceedings would be provided as requested.

Mr Chavda, an Indian citizen residing in Upanga, Dar es Salaam, is facing four charges, including providing false information to the Central Police Station in Dar es Salaam with the intent to obtain a loss report of title deeds for five plots and then fraudulently acquiring those plots.

His lawyer, Mr Magafu, requested that the court dismiss the charge sheet and release him because the charges contain elements that appear to be civil and not criminal.

On the first charge, which is obtaining property (a plot) through deceit, he claimed that the decision on the owner of the plot should be made by the Lands Court, claiming that the charge’s nature is civil and not criminal.

Mr Magafu claimed that even the second charge against his client, which is giving false information to the police regarding the loss of the title deed, is a civil matter and not criminal.

Responding to the objection, senior state attorney Grace Mwanga, assisted by Frank Michael, claimed that the prosecution’s concern is not to determine or verify the land owner, but that the process of obtaining the plots involved fraud, which is a criminal matter.

“The prosecution insists that this case before you is criminal and not civil, as the accused claims,” said Ms Mwanga.

Regarding the accusations of giving false information to the police, Ms Mwanga said the charge is criminal and falls under the penal code, adding that the court has the authority to hear and decide on it.

“It’s too early for the court to determine whether this case is civil or criminal because it has the authority to hear witnesses and determine,” she said.

“Because the prosecution has evidence, the defence should wait for the case to be heard,” she added, asking the court to dismiss the objections.