19900827 TZHC Dar es Salaam

The lower court cannot be faulted for following one High Court decision over another where there are conflicting decisions; thus, there is no apparent error on the record.

Citation: 19900827 TZHC Dar es Salaam
Parties: Prosecutor: The Republic; Accused: Unnamed Accused
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 August 1990
Procedural Posture: Criminal Revision / Application for Revision of Bail Order
Outcome: Application for revision refused
Legal Topics: Bail, Binding Precedent, Constitutionality of Statutes
Source Language: English

Criminal Law Constitutional Law Bail Binding Precedent Constitutionality of Statutes

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Parties

The Republic

Prosecutor

Unnamed Accused

Accused

Procedural Posture

Criminal Revision / Application for Revision of Bail Order

Legal Issues

1 Whether the decision of Mwalusanya, J. in Mwanza High Court Misc. Criminal Cause No. 80 of 1989 is binding on subordinate courts
2 Whether the lower court erred in granting bail without requiring a deposit as per section 148(5)(g) of the Criminal Procedure Code

Ratio Decidendi

The lower court cannot be faulted for following one High Court decision over another where there are conflicting decisions; thus, there is no apparent error on the record.

Court Disposition

Application for revision refused

Orders

Application for revision is refused
Order delivered in open court