benedict vintus kungwa others vs republic 2018 tzhcced 66 19 june 2018

benedict vintus kungwa others vs republic 2018 tzhcced 66 19 june 2018

The Court found that the DPP is empowered to appeal against any order of the High Court, and that filing a notice of appeal institutes the appeal. Therefore, the proceedings relating to the bail application should be stayed pending determination of the appeal.

Source-derived case information.

Citation
benedict vintus kungwa others vs republic 2018 tzhcced 66 19 june 2018
Parties
Applicant: Benedict Vintus Kungwa; Applicant: Jumanne Ramadhani Chima; Applicant: Ahmed Am Bari Nyagongo; Applicant: Pius Vicent Kulagwa; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 June 2018
Procedural Posture
Miscellaneous Economic Cause / Application for Stay of Proceedings Pending Appeal
Outcome
application granted
Legal Topics
Bail, Stay of Proceedings, Appeals
Source Language
english
Criminal Law Economic Crimes Bail Stay of Proceedings Appeals

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Summary, issues, holding and outcome

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Parties

Benedict Vintus Kungwa

Applicant

Jumanne Ramadhani Chima

Applicant

Ahmed Am Bari Nyagongo

Applicant

Pius Vicent Kulagwa

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Economic Cause / Application for Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether proceedings for bail application should be stayed pending determination of an appeal against a ruling on the DPP's certificate objecting to bail

Ratio Decidendi

The Court found that the DPP is empowered to appeal against any order of the High Court, and that filing a notice of appeal institutes the appeal. Therefore, the proceedings relating to the bail application should be stayed pending determination of the appeal.

Court Disposition

application granted

Orders

  • Proceedings relating to the bail application are stayed pending determination of the appeal or any other order of the Court.