20081128 TZHC Dar es Salaam

The cash bail condition is to be varied to allow deposit of property titles worth half the lost money, as section 148(5)(e) provides for such an option. The restriction on movement is mandatory under section 148(6)(b) and cannot be varied, but applicants may apply for permission to travel as needed.

Citation: 20081128 TZHC Dar es Salaam
Parties: Applicant: Basil Pesambili Mramba; Applicant: Daniel Aggrey Ndhira Yona; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 November 2008
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application to Vary Bail Conditions
Outcome: Partly allowed
Legal Topics: Bail, Variation of Bail Conditions
Source Language: English

Criminal Law Criminal Procedure Bail Variation of Bail Conditions

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Parties

Basil Pesambili Mramba

Applicant

Daniel Aggrey Ndhira Yona

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application to Vary Bail Conditions

Legal Issues

1 Whether the cash bail condition imposed by the subordinate court should be varied to allow deposit of property titles instead of cash
2 Whether the restriction on applicants' movement outside Dar es Salaam should be varied

Ratio Decidendi

Court Disposition

Partly allowed

Orders

Cash bail condition of Tshs.2.9 billion is varied; each accused to deposit in court titles of properties worth half of the lost money (approx. Tshs.5.8 billion) to be shared equally.
Other bail conditions remain unchanged except the amount in the fourth bail condition, which should read as Tshs.2.9 billion per bail bond.