19771124 TZHC Mbeya

19771124 TZHC Mbeya

The trial magistrate exercised discretion judicially, considering the facts and the prevalence of similar offences, and the order of forfeiture was justified.

Citation
19771124 TZHC Mbeya
Parties
Appellant: Joseph s/o Lema; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 1977
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Forfeiture, Discretionary Orders, Transportation of Agricultural Products
Source Language
English
Criminal Law Forfeiture Discretionary Orders Transportation of Agricultural Products

Case Brief

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Parties

Joseph s/o Lema

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the order of forfeiture was exercised judicially
  2. 2 Whether the circumstances justified forfeiture of the finger millet

Ratio Decidendi

The trial magistrate exercised discretion judicially, considering the facts and the prevalence of similar offences, and the order of forfeiture was justified.

Court Disposition

appeal dismissed

Orders

  • The order of forfeiture of 80 bags of finger millet to the Government is upheld.