paul so savage vs republic 2005 tzhc 271 6 october 2005

paul so savage vs republic 2005 tzhc 271 6 october 2005

The High Court should not entertain an application to vary bail conditions unless the applicant has first applied to the District Court and been refused, as the District Court is best placed to assess the necessity and truthfulness of the application.

Citation
paul so savage vs republic 2005 tzhc 271 6 october 2005
Parties
Applicant: Paul s/o Savage; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 October 2005
Procedural Posture
Miscellaneous Criminal Application / Order on Application to Vary Bail Conditions
Outcome
Application struck out
Legal Topics
Bail, Jurisdiction, Variation of Bail Conditions
Source Language
English
Criminal Law Criminal Procedure Bail Jurisdiction Variation of Bail Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Paul s/o Savage

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Order on Application to Vary Bail Conditions

Legal Issues

  1. 1 Whether the High Court should entertain an application to vary bail conditions initially set by the District Court without prior application to the District Court

Ratio Decidendi

The High Court should not entertain an application to vary bail conditions unless the applicant has first applied to the District Court and been refused, as the District Court is best placed to assess the necessity and truthfulness of the application.

Court Disposition

Application struck out

Orders

  • Application struck out
  • Applicant directed to make application in Musoma District Court if desired