19940509 TZHC Dar es Salaam
The court held that the applicant's argument was unsupported by sufficient authority and that the Constitution permits laws restricting rights in certain circumstances. Armed robbery is not a bailable offence, so the application for bail was refused.
- Citation
- 19940509 TZHC Dar es Salaam
- Parties
- Applicant: Applicant; Respondent: Ntimhwa State Attorney
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 May 1994
- Procedural Posture
- Bail Application / Ruling
- Outcome
- Application for bail refused
- Legal Topics
- Bail, Remand, Armed Robbery, Constitutional Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Ntimhwa State Attorney
Respondent
Procedural Posture
Bail Application / Ruling
Legal Issues
- 1 Whether remanding the accused before conviction violates Article 13(6)(b) of the Constitution
- 2 Whether armed robbery is a bailable offence
Ratio Decidendi
The court held that the applicant's argument was unsupported by sufficient authority and that the Constitution permits laws restricting rights in certain circumstances. Armed robbery is not a bailable offence, so the application for bail was refused.
Court Disposition
Application for bail refused
Orders
- Application for bail is refused as armed robbery is not a bailable offence.
Full Case Text
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