benson vitalis malembo others vs republic 2017 tzhcced 16 6 october 2017

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

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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

  1. 1 Whether the applicants are entitled to bail under the EOCCA
  2. 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.