JUDGMENT
The Plaintiff, has presented her case, as if it is a criminal matter. She alleges stealing of personal items by the Defendant.
Indeed, from her Statement of Claim, it is gleaned that, the matter of the alleged stealing by the Defendant was reported to the Suntreso Police Station by her.
It is without doubt that, stealing is a crime and it is so dealt with in appropriate circumstances, by the criminal process of this Country by the Republic against the accused person.
However, when such a matter comes to a Civil Court, such as it is in this case, the criminal background from which the facts of the case is alleged, sounds in the tort of conversion not stealing.
It is common to hear students of the law, say that, whilst stealing is to criminal law, conversion is to a civil action in tort.
What then is conversion? It was defined as follows:
“It is conversion when a person entitled to the possession of a chattel is permanently deprived of that possession and the chattel is con…