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Tanzania Case Law

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Criminal law melchiory blasius kamata v republic 2024 tzhc 132 29 january 2024

melchiory blasius kamata v republic 2024 tzhc 132 29 january 2024

The High Court refused bail pending appeal, holding that the applicant’s medical evidence was outdated and unsupported by prison records showing inability to treat him in custody.

  • Bail pending appeal
  • Exceptional circumstances
  • Ill health as ground for bail
  • Discretion of court in bail applications
  • Bail-pending-appeal
  • Exceptional-circumstances
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Criminal law MCA 42742 OF 2024 IDDY OMARY VS REP

MCA 42742 OF 2024 IDDY OMARY VS REP

No exceptional or unusual circumstances demonstrated; presumption of innocence inapplicable post-conviction; family dependency and alleged sickness insufficient; no substantiated defect in charge; granting bail would jeopardise justice.

  • Bail pending appeal
  • Exceptional circumstances
  • Presumption of innocence
  • Defective charge
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Criminal law ELIUD ELIA NGALYA

ELIUD ELIA NGALYA

The applicant failed to demonstrate exceptional circumstances or provide sufficient details regarding sureties and their properties. Granting bail would jeopardize the administration of justice given the gravity of the offence and the long sentence imposed.

  • Bail pending appeal
  • Rape
  • Sentencing
  • Appeal procedure
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Criminal law zulfika haji nureen haji vs maria desouza 2023 tzhc 21280 29 august 2023

zulfika haji nureen haji vs maria desouza 2023 tzhc 21280 29 august 2023

The High Court of Tanzania dismissed two convicted applicants’ request for bail pending appeal, finding no exceptional circumstances and no basis to invoke the presumption of innocence.

  • Bail pending appeal
  • Assault
  • Presumption of innocence
  • Bail-pending-appeal
  • Presumption-of-innocence
  • Criminal-procedure
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Criminal law godlizen so andrea vs republic 2022 tzhc 15360 22 december 2022

godlizen so andrea vs republic 2022 tzhc 15360 22 december 2022

The High Court in Arusha dismissed an application for bail pending appeal after conviction for unlawful possession of government trophies.

  • Bail pending appeal
  • Economic offences
  • Wildlife offences
  • Bail-pending-appeal
  • Criminal-procedure
  • Wildlife-offences
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Criminal law juma said vs republic 2021 tzca 717 1 december 2021

juma said vs republic 2021 tzca 717 1 december 2021

The High Court judgment and orders are nullified due to violation of the right to be heard; the appeal proceedings are quashed and remitted to the High Court for re-hearing by another judge; the Court of Appeal lacks jurisdiction to grant bail pending appeal as the notice of appeal ceased to exist.

  • Forgery
  • Natural justice
  • Right to be heard
  • Variance between charge and evidence
  • Bail pending appeal
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Criminal law juma said vs republic 2021 tzca 3550 1 december 2021

juma said vs republic 2021 tzca 3550 1 december 2021

The High Court judgment and orders were nullified because the judge decided a legal issue without hearing the parties, violating the principle of natural justice. The appeal proceedings are remitted to the High Court for proper hearing. The Court of Appeal lacks jurisdiction to grant bail pending appeal as the notice of appeal ceased to exist after nullification.

  • Forgery
  • Natural justice
  • Right to be heard
  • Variance between charge and evidence
  • Bail pending appeal
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Criminal law zarina mohamed sadiki vs republic 2021 tzhc 7020 29 october 2021

zarina mohamed sadiki vs republic 2021 tzhc 7020 29 october 2021

The High Court dismissed an application for bail pending appeal, holding that the applicant had not shown exceptional circumstances, and that the medical material and dependency claims were insufficient.

  • Bail pending appeal
  • Exceptional circumstances
  • Illness as ground for bail
  • Dependency
  • Chances of success of appeal
  • Bail-pending-appeal
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Criminal law amon mulotwa mwalupindi vs director of public prosecutions 2021 tzca 85 31 march 2021

amon mulotwa mwalupindi vs director of public prosecutions 2021 tzca 85 31 march 2021

The applicant failed to demonstrate any exceptional or unusual circumstances, such as substantiated ill health or old age, to justify the grant of bail pending appeal under Rule 11(2) of the Tanzania Court of Appeal Rules, 2009.

  • Bail pending appeal
  • Exceptional circumstances
  • Discretion of appellate court
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Criminal law amon mulotwa mwalupindi vs the director of public prosecutions 2021 tzca 89 31 march 2021

amon mulotwa mwalupindi vs the director of public prosecutions 2021 tzca 89 31 march 2021

The Court of Appeal of Tanzania dismissed an application for bail pending appeal, holding that ill health, age, and related claims were not sufficiently proved.

  • Bail pending appeal
  • Exceptional circumstances
  • Discretion of appellate court
  • Bail-pending-appeal
  • Exceptional-circumstances
  • Appellate-procedure
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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.