abubakar said msawa ustaadh vs republic 2019 tzhc 186 19 december 2019

abubakar said msawa ustaadh vs republic 2019 tzhc 186 19 december 2019

The applicant is entitled to bail as the offence is bailable, the prosecution does not object, and statutory bail conditions under section 36 of the EOCCA are satisfied.

Citation
abubakar said msawa ustaadh vs republic 2019 tzhc 186 19 december 2019
Parties
Applicant: Abubakari Saidi Msawa @Ustaadh; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2019
Procedural Posture
Misc. Criminal Application / Ruling on Bail Application Pending Trial
Outcome
Bail granted upon fulfillment of statutory conditions.
Legal Topics
Bail, Unlawful Possession of Government Trophies, Jurisdiction of Court, Bail Conditions
Source Language
English
Criminal Law Economic Crimes Bail Unlawful Possession of Government Trophies Jurisdiction of Court Bail Conditions

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Parties

Abubakari Saidi Msawa @Ustaadh

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for an economic offence involving property valued above ten million shillings
  2. 2 What are the appropriate bail conditions under the Economic and Organised Crimes Control Act

Ratio Decidendi

The applicant is entitled to bail as the offence is bailable, the prosecution does not object, and statutory bail conditions under section 36 of the EOCCA are satisfied.

Court Disposition

Bail granted upon fulfillment of statutory conditions.

Orders

  • Applicant to deposit Tshs. 17,070,000.00 in cash or equivalent immovable property title deed to the trial court.
  • Applicant to provide two credible sureties with fixed abode within the trial court's jurisdiction, each executing a bail bond of Tshs. 8,535,000.00.