20161219 TZHC Dar es Salaam

20161219 TZHC Dar es Salaam

The applicant is entitled to bail as the offences are bailable, there is no legal prohibition, and the respondent does not object; bail is granted subject to mandatory statutory conditions.

Citation
20161219 TZHC Dar es Salaam
Parties
Applicant: Fred Raphael Ilomo; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2016
Procedural Posture
Miscellaneous Economic Application / Bail Application Pending Committal Proceedings
Outcome
Bail granted pending committal proceedings and trial.
Legal Topics
Bail, Jurisdiction, Economic and Organized Crime Control Act
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Economic and Organized Crime Control Act

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Parties

Fred Raphael Ilomo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Economic Application / Bail Application Pending Committal Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending committal proceedings in an economic crime case
  2. 2 Whether the High Court has jurisdiction to grant bail in cases involving property valued at ten million shillings or more

Ratio Decidendi

The applicant is entitled to bail as the offences are bailable, there is no legal prohibition, and the respondent does not object; bail is granted subject to mandatory statutory conditions.

Court Disposition

Bail granted pending committal proceedings and trial.

Orders

  • Applicant to deposit cash or property worth Tshs. 8,913,000/-
  • Applicant to produce two reliable sureties, each to execute a bond of Tshs. 5,000,000/-, one must be a government employee