alex alex mkina vs republic 2018 tzhc 2073 16 july 2018

alex alex mkina vs republic 2018 tzhc 2073 16 july 2018

The offence is bailable, the application is properly before the court, there is no objection from the respondent, and no facts warrant denial of bail; therefore, bail is granted subject to specified conditions.

Citation
alex alex mkina vs republic 2018 tzhc 2073 16 july 2018
Parties
Applicant: Alex Alex @ Mkina; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 July 2018
Procedural Posture
Bail Application / Ruling on Bail Application
Outcome
Bail granted
Legal Topics
Bail, Unlawful Possession of Government Trophy, Jurisdiction, Bail Conditions
Source Language
English
Criminal Law Economic Crimes Bail Unlawful Possession of Government Trophy Jurisdiction Bail Conditions

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Parties

Alex Alex @ Mkina

Applicant

The Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Application

Legal Issues

  1. 1 Whether the applicant is entitled to bail for the offence of unlawful possession of government trophy
  2. 2 Whether the application is properly before the court despite omission to cite the amendment Act

Ratio Decidendi

The offence is bailable, the application is properly before the court, there is no objection from the respondent, and no facts warrant denial of bail; therefore, bail is granted subject to specified conditions.

Court Disposition

Bail granted

Orders

  • Applicant to pay in court cash deposit of Tshs. 50,422,500/= or deposit title deed of immovable property of not less than Tshs. 50,422,500/= within Ruvuma Region.
  • Applicant to provide two reliable sureties resident in Ruvuma Region, each signing bond of Tshs. 10,000,000/=.