19910807 TZHC Dar es Salaam

19910807 TZHC Dar es Salaam

The court cannot invoke its inherent powers to override the express statutory prohibition on bail for offences under section 111(5) of the Criminal Procedure Act. Unless the provision is declared unconstitutional, it must be enforced.

Citation
19910807 TZHC Dar es Salaam
Parties
Applicant: Applicant; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 August 1991
Procedural Posture
Criminal Miscellaneous Application / Bail Application
Outcome
Application dismissed
Legal Topics
Bail, Unlawful Possession of Firearms, Inherent Powers of Court
Source Language
English
Criminal Law Bail Unlawful Possession of Firearms Inherent Powers of Court

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Parties

Applicant

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Bail Application

Legal Issues

  1. 1 Whether the applicant is entitled to bail for the offence of unlawful possession of firearms under section 111(5) of the Criminal Procedure Act
  2. 2 Whether the court can invoke its inherent powers to grant bail despite statutory prohibition

Ratio Decidendi

The court cannot invoke its inherent powers to override the express statutory prohibition on bail for offences under section 111(5) of the Criminal Procedure Act. Unless the provision is declared unconstitutional, it must be enforced.

Court Disposition

Application dismissed

Orders

  • Bail is refused