athanas sebastian kapunga and 7 others vs r 2020 tzhc 4331 15 december 2020

athanas sebastian kapunga and 7 others vs r 2020 tzhc 4331 15 december 2020

Applicants are entitled to bail as the offences are bailable and the respondent did not oppose bail; however, statutory conditions under section 36(5) of the Economic and Organised Crime Control Act must be strictly applied due to the high monetary value involved. Health grounds were disregarded due to lack of admissible evidence.

Citation
athanas sebastian kapunga and 7 others vs r 2020 tzhc 4331 15 december 2020
Parties
Applicant: Athanas Sebastian Kapunga; Applicant: Elizabeth Wahyde Munuo; Applicant: Samwel Lazaro Nhiga; Applicant: James Qwarda Jirojik; Applicant: Tumaini Exaud Msigwa; Applicant: Emily Maganga Lyotela; Applicant: Juma Rashid Idd; Applicant: Musa Zungiza Zungiza; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Miscellaneous Criminal Application / Bail Application Pending Trial
Outcome
Bail granted subject to statutory and court-imposed conditions.
Legal Topics
Bail, Economic and Organised Crime Control, Right to Bail, Evidentiary Requirements
Source Language
English
Criminal Law Economic Crimes Bail Economic and Organised Crime Control Right to Bail Evidentiary Requirements

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Parties

Athanas Sebastian Kapunga

Applicant

Elizabeth Wahyde Munuo

Applicant

Samwel Lazaro Nhiga

Applicant

James Qwarda Jirojik

Applicant

Tumaini Exaud Msigwa

Applicant

Emily Maganga Lyotela

Applicant

Juma Rashid Idd

Applicant

Musa Zungiza Zungiza

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail pending trial for economic crimes
  2. 2 Whether health status and other grounds justify bail
  3. 3 What conditions should be imposed for bail in economic offences

Ratio Decidendi

Applicants are entitled to bail as the offences are bailable and the respondent did not oppose bail; however, statutory conditions under section 36(5) of the Economic and Organised Crime Control Act must be strictly applied due to the high monetary value involved. Health grounds were disregarded due to lack of admissible evidence.

Court Disposition

Bail granted subject to statutory and court-imposed conditions.

Orders

  • 1st and 2nd applicants to each deposit T.shs. 840,105,902.75 or immovable property of equal value.
  • 1st and 2nd applicants to each provide two sureties, each executing a bond of T.shs. 420,052,951.375, sureties to be residents within jurisdiction.