20010809 TZCA Dar es Salaam
The learned judge erred in cancelling bail as there were no changed circumstances; bail for attempted murder is available and should not have been revoked without justification.
- Citation
- 20010809 TZCA Dar es Salaam
- Parties
- Appellant: Fhedrick Samwel & Six Others; Respondent: Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 August 2001
- Procedural Posture
- Criminal Appeal / Appeal Against Cancellation of Bail
- Outcome
- Appeal allowed
- Legal Topics
- Bail, Attempted Murder, Judicial Discretion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fhedrick Samwel & Six Others
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Cancellation of Bail
Legal Issues
- 1 Whether the cancellation of bail granted to the appellants was justified
- 2 Whether there were changed circumstances warranting cancellation of bail
Ratio Decidendi
The learned judge erred in cancelling bail as there were no changed circumstances; bail for attempted murder is available and should not have been revoked without justification.
Court Disposition
Appeal allowed
Orders
- Bail restored forthwith on the same terms
Full Case Text
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