R. v. Salimu Hassani, (PC) Crim. Case 154-Manyamba-67, 16/10/67 Inspection Note by Hamlyn J.

R. v. Salimu Hassani, (PC) Crim. Case 154-Manyamba-67, 16/10/67 Inspection Note by Hamlyn J.

Accused was fined a total of Shs. 140/- upon conviction of three counts of failure to pay his local rates. Without any further order appearing on the record, a bicycle owned by accused was seized and sold; the money obtained was applied to the back rates and the fines, and the remainder was remitted to accused.

Held: (1) The procedure adopted by the court was quite improper. There should have been a formal attachment of the bicycle, for which an order should appear in the record of the case. Had this been done, the owner would have had the opportunity of paying what was due, thereby saving his bicycle from sale. (20 As the High Court was satisfied that all monies received had been properly accounted for, and accused did not lodge an appeal, the disposition of the case by the lower court was not disturbed.