athumani said kazinja and another vs republic 2021 tzhc 9336 13 december 2021

athumani said kazinja and another vs republic 2021 tzhc 9336 13 december 2021

The applicants are entitled to bail as the offences are bailable, the High Court has jurisdiction due to the value involved, and there is no evidence they will interfere with investigations or abscond. The statutory bail conditions must be met, including deposit of half the value involved, shared equally between the...

Source-derived case information.

Citation
athumani said kazinja and another vs republic 2021 tzhc 9336 13 december 2021
Parties
Applicant: Athumani s/o Said Kazinja; Applicant: Evodius s/o Charles@Mbekenga; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Bail Application (consolidated) / Ruling on Bail Pending Trial
Outcome
bail granted with conditions
Legal Topics
Bail, Jurisdiction, Economic Offences, Criminal Procedure
Source Language
english
Criminal Law Economic Crimes Bail Jurisdiction Economic Offences Criminal Procedure

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Parties

Athumani s/o Said Kazinja

Applicant

Evodius s/o Charles@Mbekenga

Applicant

Republic

Respondent

Procedural Posture

Bail Application (consolidated) / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail pending trial for economic offences involving property exceeding TZS 10,000,000
  2. 2 Whether the High Court has jurisdiction to grant bail in this matter

Ratio Decidendi

The applicants are entitled to bail as the offences are bailable, the High Court has jurisdiction due to the value involved, and there is no evidence they will interfere with investigations or abscond. The statutory bail conditions must be met, including deposit of half the value involved, shared equally between the applicants.

Court Disposition

bail granted with conditions

Orders

  • Each applicant to deposit TZS 252,961,241 or title deed/evidence of immovable property of equivalent value with valuation report.
  • Each applicant to provide two reliable sureties with fixed abode in Kagera Region.