republic vs juma so ngwaya 2008 tzhc 258 2 february 2008

republic vs juma so ngwaya 2008 tzhc 258 2 february 2008

Bail cannot be denied on mere expression of fear by the prosecution without verifiable evidence; the applicant is entitled to bail with conditions.

Citation
republic vs juma so ngwaya 2008 tzhc 258 2 february 2008
Parties
Prosecution: The Republic; Accused: Juma s/o Ng'waya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 February 2008
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
Bail granted with conditions
Legal Topics
Bail, Attempted Murder
Source Language
English
Criminal Law Bail Attempted Murder

Case Brief

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Parties

The Republic

Prosecution

Juma s/o Ng'waya

Accused

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial for attempted murder
  2. 2 Whether the prosecution has provided sufficient evidence to deny bail on grounds of likelihood to abscond

Ratio Decidendi

Bail cannot be denied on mere expression of fear by the prosecution without verifiable evidence; the applicant is entitled to bail with conditions.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to post bond of Tshs. 2,000,000 with two sureties each on bond of Tshs. 1,000,000 or registered property of equivalent value
  • Applicant to report regularly at the District Police Station