20140303 TZHC Sumbawanga

20140303 TZHC Sumbawanga

After a nolle prosequi is entered, both the accused and the surety are discharged from liability under the bail bond, and the State has no recourse against the surety for the bond previously executed.

Citation
20140303 TZHC Sumbawanga
Parties
Prosecution: The Republic; Accused (deceased): Nevy Mgala; Accused: Shimiton Shega; Surety: Saston Shega
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 March 2014
Procedural Posture
Criminal Sessions Case / Ruling on Forfeiture of Bail Bond After Nolle Prosequi
Outcome
Application for forfeiture of bail bond dismissed; accused and surety discharged from bond liability.
Legal Topics
Bail, Surety Liability, Nolle Prosequi, Forfeiture of Bond
Source Language
English
Criminal Law Criminal Procedure Bail Surety Liability Nolle Prosequi Forfeiture of Bond

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Parties

The Republic

Prosecution

Nevy Mgala

Accused (deceased)

Shimiton Shega

Accused

Saston Shega

Surety

Procedural Posture

Criminal Sessions Case / Ruling on Forfeiture of Bail Bond After Nolle Prosequi

Legal Issues

  1. 1 Whether an accused and surety remain liable under a bail bond after a nolle prosequi is entered by the DPP

Ratio Decidendi

After a nolle prosequi is entered, both the accused and the surety are discharged from liability under the bail bond, and the State has no recourse against the surety for the bond previously executed.

Court Disposition

Application for forfeiture of bail bond dismissed; accused and surety discharged from bond liability.

Orders

  • Surety Saston Shega is released from liability under the bail bond.
  • The Republic may re-file information against Shimiton Shega if it so wishes.