19721228 TZHC Dodoma

19721228 TZHC Dodoma

Failure by the trial magistrate to call upon the accused to show cause before ordering forfeiture is fatal to the order; judicial discretion must be exercised and the accused must be given an opportunity to be heard.

Citation
19721228 TZHC Dodoma
Parties
Appellant: Josiph s/o Philipo; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 December 1972
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Forfeiture, Judicial Discretion, Right to Be Heard
Source Language
English
Criminal Law Administrative Law Forfeiture Judicial Discretion Right to Be Heard

Case Brief

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Parties

Josiph s/o Philipo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate exercised judicial discretion before ordering forfeiture
  2. 2 Whether failure to call upon the accused to show cause is fatal to the forfeiture order

Ratio Decidendi

Failure by the trial magistrate to call upon the accused to show cause before ordering forfeiture is fatal to the order; judicial discretion must be exercised and the accused must be given an opportunity to be heard.

Court Disposition

appeal upheld

Orders

  • forfeiture order set aside
  • 93 bags of maize or their market value to be returned to the appellant forthwith