peter so nhonda another vs republic 2007 tzhc 128 14 november 2007
The application for bail was improperly brought before the High Court without first applying to the District trial Court, and the statutory prohibition on bail for armed robbery remains binding until amended or the specified period lapses.
- Citation
- peter so nhonda another vs republic 2007 tzhc 128 14 november 2007
- Parties
- Applicant: Peter s/o Nhonja; Applicant: Nhendeja s/o Lutonja; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 November 2007
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Bail Pending Trial
- Outcome
- Applications struck out
- Legal Topics
- Bail, Armed Robbery, Jurisdiction, Constitutionality of Statutes
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Peter s/o Nhonja
Applicant
Nhendeja s/o Lutonja
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bail Pending Trial
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial for the offence of armed robbery
- 2 Whether the application for bail was properly brought before the High Court
Ratio Decidendi
The application for bail was improperly brought before the High Court without first applying to the District trial Court, and the statutory prohibition on bail for armed robbery remains binding until amended or the specified period lapses.
Court Disposition
Applications struck out
Orders
- The two applications are struck from the Register.
- Applicants must first apply for bail to the District trial Court before approaching the High Court.
Full Case Text
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