19741113 TZCA Dar es Salaam2
The District Court lacked authority under the Fisheries (General) Regulations, 1973 to order forfeiture of fish, as such power was not provided by the law under which the appellant was charged and convicted.
Source-derived case information.
- Citation
- 19741113 TZCA Dar es Salaam2
- Parties
- Appellant: Saidi s/o Mahundi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 November 1974
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Forfeiture of Property, Sentencing, Statutory Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saidi s/o Mahundi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the District Court had authority to order forfeiture of fish under the Fisheries (General) Regulations, 1973
Ratio Decidendi
The District Court lacked authority under the Fisheries (General) Regulations, 1973 to order forfeiture of fish, as such power was not provided by the law under which the appellant was charged and convicted.
Court Disposition
appeal allowed in part
Orders
- The order of forfeiture is set aside.
- The fish forfeited or its value should be returned to the convicted persons.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLArE JURISDICTION HIGH COURT CRIMINAL APPEAL·NOo 99 OF 1974 Original Criminal Case Noo 88 of 1974 of the District,Couri: of Mbinga District at Mbinga BEFORE: Fo Ao FUSSI Esqo, District Magistrateo SAIDI s/o MAHUNDI 0 C O O O Q O O O O O 0 APPELLANT Versus THE REPUBLIC o o o o o 0 0 0 0 o O C 0 o o RESPONDENT. CHARGE: Dealing in fish c/ss 13'(1) & 43 of the Fisheries (General) Regulations, 19730 J U D G-M EN T Before Mbinga District Court, the appellant and five others. were charged under the Fisheries (General) Regulations, 19730 · They were found selling f.ish without licenceso Each one of them was fined shso 100/- or one month's imprisonmento In.addition, their fish was forfeited to the Governmento It is this order of forfei tu.re that is challenged on appealo I have q one through the- Regulations but I am unable to see the power to forfeito Where authority is lacking or not clear, Magistrates should, as far as possible, avoid imposing punishments. that have not been provided by the law under which a person is · charged and convicted - as any attempt to the contrary may lead. ' to undesirable consequence·s. The appeal is allowed to the extent of setting aside the forfeiture 9~der onlyo The fish forfeited or its value should be given back to the convicted personso Dated at Dar es Salaam this 13th day of November, 19740 (,- /(,~/)it / ! - Mo Jo MWAKIBETE '-.,, .. AGo JUDGE