19841207 TZHC Dar es Salaam
The forfeiture order was not appropriately made as the accused had not absconded, provided adequate reasons for non-appearance, and the surety appeared on his own; thus, the conviction and sentence of the surety were quashed.
Source-derived case information.
- Citation
- 19841207 TZHC Dar es Salaam
- Parties
- Appellant: Wincheslaus Karamagi; Respondent: The United Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 1984
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Bail Bond Forfeiture, Surety Liability, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wincheslaus Karamagi
Appellant
The United Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the forfeiture of bail bond and imprisonment of the surety was appropriate given the accused's non-appearance
- 2 Whether the accused had absconded or provided sufficient reasons for non-appearance
- 3 Whether the surety breached the bail bond
Ratio Decidendi
The forfeiture order was not appropriately made as the accused had not absconded, provided adequate reasons for non-appearance, and the surety appeared on his own; thus, the conviction and sentence of the surety were quashed.
Court Disposition
appeal allowed
Orders
- conviction of surety quashed
- sentence set aside
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL N0.,88 OF 1984 ORIGINAL CRIMINAL CA.3E NOo · 702 OF 1984 OF THE DISTRICT COURT OF ILALA DISTRICT AT ILALA BEFORE MRS. N. Po KIMARO ESQo RESIDENT MAGISTRATE WINCHESLAUS KARAMAGI ,. o • • • • ~ o. o o o • • o • • o • • • • ••.APPELLANT (Original Accused) versus THE UNITED REPUBLICoooooooooooo••·········RESPONDENT (Originnl Prosecutor) JUDGMENT JHAVERI, AG. J. This an appeal from an Order dated 10th October, 1984 by-, N. P. Kimaro, Resident Magistrate. WINOCHESLAUS KARAMAGI was surety for the aecused Julius s/o Sebastian in Criminal Case No. 702 of 1984 in the District Court of Ilala District at Kisutu. The accused JuJiils s/o Sebastian dafaulted to appeal! in court on two occassions on 7th September, 1984 and on 4th October, 1984. As a result on 10th Octobe~, 1984 the learned Resident Magistrate ordered the forfeiture of the Bail Bond and in default sentenced the surety to three months imprisonment. With due respect, the lenrned Resident Magistrate mis• .directed:- (a) Accused had not absconded • • (b) Accused did give adequate rec1sons why he could not appearo (c::) Surely could not be considered to be in bre~ch of the bail bond if there is sufficient reasons for the non-appearance of the accused .and Cd) Lastly, in the circumstances of this case surely had appeared .on his own. In the circumstances of this case this court holds that- the forfeiture order w~s not appropriately made. Accordingly "'::nvictjoi:1 er .!;he surety WINCHESLAUS -l<ARAMA.~I. , ,-. ••i~li ~ . . f.l, . . - 2 - quashed - sentence set aside. WINCHE.SLAUS .KARAMAGI is deemed to be set free forthwith~ Appeal allowed. JHAVERI AG., JUDGE 30/11/1984 7th December, 1984 Coram: Jhaveri, Ag. J. Miss Korosso for the Republic .. Appellant not present. Judgment delivered. SGD. JHA VERI AG. JUDGE DAR ES SALAAM 7th December. 1984: This is to certify that this is the true copy of the \ · original.