thadei hamisi mtandika vs republic 2019 tzhc 2023 28 january 2019
Possession of narcotic drugs is a bailable offence under Tanzanian law; the respondent misconceived the law in opposing bail.
- Citation
- thadei hamisi mtandika vs republic 2019 tzhc 2023 28 january 2019
- Parties
- Applicant: Thadei Hamisi Mtandika; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 January 2019
- Procedural Posture
- Misc. Criminal Application / Bail Pending Trial
- Outcome
- Application granted
- Legal Topics
- Bail, Narcotic Drugs, Possession Vs Trafficking, Presumption of Innocence
- 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 3 Party arguments 2 Amounts and remedies 1
Parties
Thadei Hamisi Mtandika
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Bail Pending Trial
Legal Issues
- 1 Whether the offence of possession of narcotic drugs is bailable under Tanzanian law
- 2 Whether repeated arrests violate the presumption of innocence
Ratio Decidendi
Possession of narcotic drugs is a bailable offence under Tanzanian law; the respondent misconceived the law in opposing bail.
Court Disposition
Application granted
Orders
- Two sureties each to sign a bond of Shs ten million
- Applicant to surrender his travel document to the Regional Crimes Officer
Full Case Text
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