avitus

avitus

Applicant is entitled to bail as the offence is bailable, the application is uncontested, and no compelling reasons exist to deny bail. The bail deposit must be shared among all accused as per established legal principle.

Citation
avitus
Parties
Applicant: Avitus Winchlaus@Dany; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 May 2024
Procedural Posture
Miscellaneous Economic Application / Bail Application Pending Trial
Outcome
Bail granted to applicant pending trial
Legal Topics
Bail, Jurisdiction, Organized Crime, Property Offences
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Organized Crime Property Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Avitus Winchlaus@Dany

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Economic Application / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial given the value of the subject matter exceeds the Resident Magistrate's jurisdiction
  2. 2 Whether the offence is bailable under Tanzanian law

Ratio Decidendi

Applicant is entitled to bail as the offence is bailable, the application is uncontested, and no compelling reasons exist to deny bail. The bail deposit must be shared among all accused as per established legal principle.

Court Disposition

Bail granted to applicant pending trial

Orders

  • Applicant to deposit cash TZS 14,500,000 or immovable property of equivalent value with valuation report from Government Valuer
  • Applicant must have two reliable sureties with national identity cards and introduction letters from local authority