basil pesambili mramba another vs republic 2008 tzhc 169 28 november 2008

basil pesambili mramba another vs republic 2008 tzhc 169 28 november 2008

The cash bail condition is to be varied to allow deposit of property titles worth half the lost money, as permitted by law and not seriously opposed by the respondent. The restriction on movement is mandatory under section 148(6)(b) and cannot be varied, but applicants may apply for permission to travel as needed.

Citation
basil pesambili mramba another vs republic 2008 tzhc 169 28 november 2008
Parties
Applicant: Basil Pesambili Mramba; Applicant: Daniel Aggrey Ndhira Yona; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2008
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Vary Bail Conditions
Outcome
Partly allowed
Legal Topics
Bail, Variation of Bail Conditions
Source Language
English
Criminal Law Criminal Procedure Bail Variation of Bail Conditions

Case Brief

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Parties

Basil Pesambili Mramba

Applicant

Daniel Aggrey Ndhira Yona

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application to Vary Bail Conditions

Legal Issues

  1. 1 Whether the cash bail condition imposed by the subordinate court should be varied to allow deposit of property titles instead of cash
  2. 2 Whether the restriction on applicants' movement outside Dar es Salaam should be varied

Ratio Decidendi

The cash bail condition is to be varied to allow deposit of property titles worth half the lost money, as permitted by law and not seriously opposed by the respondent. The restriction on movement is mandatory under section 148(6)(b) and cannot be varied, but applicants may apply for permission to travel as needed.

Court Disposition

Partly allowed

Orders

  • Cash bail condition varied: each accused to deposit in court titles of properties worth half of the lost money (approx. Tshs.5.8 billion) to be shared equally between the two applicants.
  • Other bail conditions remain intact except the amount in the 4th bail condition, which should read as bail bond in the sum of Tshs.2.9 billion.