19791012 TZHC Dar es Salaam1

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edward Michael

Appellant

William Mhonda

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the forfeiture of bail was lawful when ordered in the absence of the appellants
  2. 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