magreth wilfred kimaro vs republic 2020 tzhc 6231 25 september 2020
Where the charge sheet states the accused is charged with trafficking cannabis weighing 20 kilograms or more, the court has no jurisdiction to grant bail under section 29(1)(b) of Cap. 95 (R.E. 2019); certification from a government authority is not required at the bail stage.
- Citation
- magreth wilfred kimaro vs republic 2020 tzhc 6231 25 september 2020
- Parties
- Appellant: Magreth Wilfred Kimaro; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 September 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Bail, Drug Trafficking, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Magreth Wilfred Kimaro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court had jurisdiction to grant bail to the accused person charged with trafficking narcotic drugs without proof of the actual weight of the drugs
Ratio Decidendi
Where the charge sheet states the accused is charged with trafficking cannabis weighing 20 kilograms or more, the court has no jurisdiction to grant bail under section 29(1)(b) of Cap. 95 (R.E. 2019); certification from a government authority is not required at the bail stage.
Court Disposition
appeal dismissed
Orders
- appeal dismissed for want of merit
Full Case Text
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