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Tanzania Case Law

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Criminal law director of public prosecutions vs freeman aikael mbowe another 2019 tzca 1 27 february 2019

director of public prosecutions vs freeman aikael mbowe another 2019 tzca 1 27 february 2019

Section 362(1) of the CPA is permissive and grants the High Court discretion to proceed with appeals not accompanied by proceedings and order, especially in urgent circumstances, provided no injustice is occasioned. The High Court Judge did not abuse this discretion, and the appellant's right to be heard was not infringed.

  • Bail cancellation
  • Judicial discretion
  • Procedural compliance
  • Right to be heard
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Criminal law raza hussein ladha others vs director of public prosecution 2014 tzhc 2341 10 october 2014

raza hussein ladha others vs director of public prosecution 2014 tzhc 2341 10 october 2014

The substitution of charges from manslaughter to murder during preliminary inquiry was done under a wrong legal provision, rendering the proceedings and orders of 12 March 2014 null and void. The accused were not given an opportunity to be heard before cancellation of bail, and the substituted murder charge was defective and did not disclose an offence known to law. The process amounted to an abuse of legal process.

  • Substitution of charges
  • Bail cancellation
  • Procedural irregularity
  • Abuse of process
  • Defective charge sheet
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Criminal law raza hussin radha others vs director of public prosecutions 2014 tzhc 2333 22 august 2014

raza hussin radha others vs director of public prosecutions 2014 tzhc 2333 22 august 2014

The High Court held it had jurisdiction to hear a criminal revision application at the preliminary inquiry stage and overruled objections on affidavit and citation defects.

  • Jurisdiction of high court
  • Revisionary powers
  • Bail cancellation
  • Defective affidavit
  • Proper citation of law
  • Criminal-revision
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Criminal law 19840803 TZHC Mbeya

19840803 TZHC Mbeya

The High Court allowed a criminal appeal, quashed a conviction for stealing by servant, and held that the trial court had acted unfairly and without adequate proof.

  • Stealing by servant
  • Bail cancellation
  • Unfair trial
  • Appellate review
  • Criminal-law
  • Stealing-by-servant
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Criminal law 19830727 TZHC Mbeya

19830727 TZHC Mbeya

The High Court upheld refusal of a change of venue after the close of defence, holding that submissions were not essential to conclude the trial.

  • Change of venue
  • Fair trial
  • Bail cancellation
  • Change-of-venue
  • Fair-trial
  • Bail-cancellation
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Criminal law N

N

The High Court upheld a conviction for cattle theft, finding the appellant was in possession of the stolen cow soon after the theft and dismissing claims of prejudicial bail cancellation.

  • Cattle theft
  • Possession
  • Bail cancellation
  • Cattle-theft
  • Criminal-appeal
  • Bail-cancellation
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.