19960930 TZHC Dar es Salaam
The charges were vague and not properly drafted, failing to specify which regulations were breached, rendering them bad in law. The sentence was also excessive in the circumstances.
- Citation
- 19960930 TZHC Dar es Salaam
- Parties
- Appellant: Shaheed Enterprises; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 1996
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Drafting of Charges, Environmental Offences, Food Safety, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Parties
Shaheed Enterprises
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the charges against the appellant were properly drafted
- 2 Whether the sentence imposed was excessive
Ratio Decidendi
The charges were vague and not properly drafted, failing to specify which regulations were breached, rendering them bad in law. The sentence was also excessive in the circumstances.
Court Disposition
appeal allowed
Orders
- Conviction and sentence set aside
- Fines to be refunded to the appellant
Full Case Text
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