19791012 TZHC Dar es Salaam1
The order forfeiting bail was made without procedural fairness, specifically without calling upon the appellants to show cause, rendering the order unjust and invalid.
Source-derived case information.
- Citation
- 19791012 TZHC Dar es Salaam1
- Parties
- Appellant: Edward Michael; Appellant: William Mhonda; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 October 1979
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Bail Forfeiture, Procedural Fairness, Burglary, Stealing
- Source Language
- english
Criminal Law Bail Forfeiture Procedural Fairness Burglary Stealing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Michael
Appellant
William Mhonda
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the forfeiture of bail was lawful when ordered in the absence of the appellants
- 2 Whether procedural fairness was observed in the forfeiture process
Ratio Decidendi
The order forfeiting bail was made without procedural fairness, specifically without calling upon the appellants to show cause, rendering the order unjust and invalid.
Court Disposition
appeal allowed
Orders
- order forfeiting bail set aside
- record remitted to district court for fresh proceedings
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