20111119 TZCA Mwanza

20111119 TZCA Mwanza

The seriousness of the offence pending trial and the risks involved if the vehicle is released before being tendered in evidence justify granting the stay of execution. Rule 11(2)(a) is inapplicable to criminal proceedings, but Rule 4(2)(a) gives the court discretionary power to grant the stay in the interests of justice.

Citation
20111119 TZCA Mwanza
Parties
Applicant: The Attorney General; Respondent: SAS Logistics Limited; Respondent: Mugesi Antony; Respondent: Bashiri Waziri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 November 2011
Procedural Posture
Criminal Application / Application for Stay of Execution Pending Appeal
Outcome
application for stay of execution granted
Legal Topics
Stay of Execution, Forfeiture of Property, Illicit Trafficking in Drugs, Proceeds of Crime
Source Language
English
Criminal Law Procedural Law Stay of Execution Forfeiture of Property Illicit Trafficking in Drugs Proceeds of Crime

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Parties

The Attorney General

Applicant

SAS Logistics Limited

Respondent

Mugesi Antony

Respondent

Bashiri Waziri

Respondent

Procedural Posture

Criminal Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the stay of execution of the High Court order releasing the seized vehicle should be granted pending appeal
  2. 2 Whether the enabling provisions cited support the application for stay in criminal proceedings

Ratio Decidendi

The seriousness of the offence pending trial and the risks involved if the vehicle is released before being tendered in evidence justify granting the stay of execution. Rule 11(2)(a) is inapplicable to criminal proceedings, but Rule 4(2)(a) gives the court discretionary power to grant the stay in the interests of justice.

Court Disposition

application for stay of execution granted

Orders

  • Stay of execution of the High Court order dated 27 July 2011 granted; the vehicle remains in police custody pending appeal.
  • Prosecution urged to expedite the criminal case.