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Tanzania Case Law

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Criminal law haji yusufu namanjoya and 13 others vs republic 2020 tzhc 4553 21 december 2020

haji yusufu namanjoya and 13 others vs republic 2020 tzhc 4553 21 december 2020

Court
TZHC

The Court of Appeal decision in Attorney General v. Dickson Paulo Sanga reversed the High Court's declaration of section 148(5)(a)(i) as unconstitutional, restoring its validity and rendering the offence of armed robbery unbailable. This binding precedent requires the High Court to deny bail for armed robbery under section 148(5)(a)(i) of the Criminal Procedure Act.

Source excerpt

  • Bail
  • Armed robbery
  • Constitutionality of bail provisions
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Criminal law 19940304 TZHC Mwanza

19940304 TZHC Mwanza

Court
TZHC

Section 35(3)(o) of the Economic and Organised Crime Control Act is unconstitutional for denying bail, following the reasoning in Director of Public Prosecutions vs Daudi Pete. The offences charged are bailable and normal bail principles apply.

Source excerpt

  • Bail
  • Unlawful possession of firearms
  • Unlawful possession of ammunition
  • Constitutionality of bail provisions
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Constitutional law director of public prosecutions vs pete 1991 tzca 1 16 may 199

director of public prosecutions vs pete 1991 tzca 1 16 may 199

Court
TZCA

Section 148(5)(e) of the Criminal Procedure Act is unconstitutional as it deprives accused persons of bail without adequate procedural safeguards and is overly broad, failing to fit within the derogation clauses of Article 30(2)(b) of the Constitution. It is therefore null and void.

Source excerpt

  • Right to bail
  • Constitutionality of bail provisions
  • Separation of powers
  • Interpretation of fundamental rights
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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.

Source links and collection timestamps are retained alongside the indexed records.