19800512 TZHC Tabora
The appellant was not proved to have known the goods were uncustomed; therefore, he was not guilty and the forfeiture order was unlawful.
Source-derived case information.
- Citation
- 19800512 TZHC Tabora
- Parties
- Appellant: Nyamsenda Kiwya; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 May 1980
- Procedural Posture
- Criminal Appeal / Appellate
- Outcome
- appeal allowed
- Legal Topics
- Importation of Restricted Goods, Forfeiture of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nyamsenda Kiwya
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appellate
Legal Issues
- 1 Whether the appellant was guilty of importing restricted goods without a licence
- 2 Whether the forfeiture of the appellant's vehicle was lawful
Ratio Decidendi
The appellant was not proved to have known the goods were uncustomed; therefore, he was not guilty and the forfeiture order was unlawful.
Court Disposition
appeal allowed
Orders
- order for forfeiture set aside
- vehicle to be returned to the appellant
Full Case Text
Judgment text and source record
1 paragraphs
I1: i -DO !T O1YT O TANZANA AT TABORA APPELLATE JURISDICTION (Tabora Registrr -- (HG) GR]MIIAL APPEAL NO, 45 OF 1980 • O'IGINAL CRIMINAL CASE NO. 226 OF 1979 • OF THE DISTRI CT COURT OF BARIADI bISTRICT AT BARIADI Before: P.P. Moyo, Esq., Resident 1agistrate. NYAMSENDA. ICIw.yA •................... APPELL.A.NT • versus THEREPtIBLIC ........................RE5PONDENT OHARG; Jmportimg restrIated goods withou.t licence c/ss.'4 S and ao• of the Iporta C=trol 92 of the Laws. S JUDGE.NT MUSHI,J : . This appeal must be allowed. The appellant was not guilty of the off ene and therefore his vehicle could be forfeited. It was not proved that he1ew tht the goods which were carried in hisvehjc1e were uncustomed. The order for • forfeiture was unlawful. It is accordingly set aside. The vehi.cle should be returned to the appellant.