benson vitalis malembo others vs republic 2017 tzhcced 16 6 october 2017
The offences are bailable, there is no objection from the respondent, and the court has jurisdiction; bail is granted subject to statutory and court-imposed conditions.
- Citation
- benson vitalis malembo others vs republic 2017 tzhcced 16 6 october 2017
- Parties
- Applicant: Benson Vitalis Malembo; Applicant: David Faustine Chimomo; Applicant: Safina Kassim Rupia; Respondent: Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 6 October 2017
- Procedural Posture
- Bail Application / Ruling on Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail, Conditions for Bail, Jurisdiction, Economic Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benson Vitalis Malembo
Applicant
David Faustine Chimomo
Applicant
Safina Kassim Rupia
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Application
Legal Issues
- 1 Whether the applicants are entitled to bail under the EOCCA
- 2 What conditions should be imposed for bail in economic crime cases
Ratio Decidendi
The offences are bailable, there is no objection from the respondent, and the court has jurisdiction; bail is granted subject to statutory and court-imposed conditions.
Court Disposition
bail granted
Orders
- Each applicant to deposit Tshs. 901,355,016.00 or immovable property of equivalent value.
- Each applicant to provide two reliable sureties to execute a bond of Tshs 25,000,000/= each, one being a government or public institution employee.
Full Case Text
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