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Tanzania Judgment

TZHC

charles hume and 2 others vs republic 2020 tzhc 4128 8 december 2020

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Since the application for bail was not objected and the law allows the court to grant bail for economic offences, bail was granted subject to specified conditions.

Court disposition

Bail granted subject to conditions

Orders

  • Each accused to deposit Tshs 17,000,000/= cash or property of equivalent value.
  • Each accused to execute a bond of Tshs 30,000,000/= with one surety in the like sum.
  • Accused persons not to travel outside Kigoma region without court approval.
  • Bail terms and approval of sureties to be executed at the Resident Magistrate's Court where accused are arraigned.

02

Material facts

Parties

Charles s/o Hume

Applicant

Yotham s/o Yoram Daniel

Applicant

Orest s/o Luziro

Applicant

Republic

Respondent

Amounts and remedies

  • Cash Deposit Per Accused: TZS 17,000,000
  • Bond Per Accused: TZS 30,000,000

03

Procedural history

  1. Posture

    Miscellaneous Economic Application / Bail Application Ruling

04

Questions and positions

Legal issues

Whether the applicants are entitled to bail under section 29(3)(d) of the Economic and Organized Crimes Control Act

Party arguments

Applicant
Applicants applied for bail under section 29(3)(d) of the Economic and Organized Crimes Control Act.
Respondent
The application for bail was not objected.

05

Court’s reasoning

  1. 01

    Section 29(3)(d) of the Economic and Organized Crimes Control Act [Cap.200 R.E. 2019]

    Bail is grantable by the High Court for economic offences under section 29(3)(d) of the Economic and Organized Crimes Control Act.

06

Ratio, limits and disposition

Ratio decidendi

Since the application for bail was not objected and the law allows the court to grant bail for economic offences, bail was granted subject to specified conditions.

Court disposition

Bail granted subject to conditions

  • Each accused to deposit Tshs 17,000,000/= cash or property of equivalent value.
  • Each accused to execute a bond of Tshs 30,000,000/= with one surety in the like sum.
  • Accused persons not to travel outside Kigoma region without court approval.
  • Bail terms and approval of sureties to be executed at the Resident Magistrate's Court where accused are arraigned.

Source and reliance status

TZHC · 8 December 2020

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 8 December 2020

charles hume and 2 others vs republic 2020 tzhc 4128 8 december 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF KIGOMA)

AT KIGOMA

APPELLATE JURISDICTION MISC. ECONOMIC APPLICATION NO. 22 OF 2020 (Original from Economic Case No. 7/2020 Resident Magistrate Court of Kigoma CHARLES S/O HUME.............................................................. 1st APLICANT YOTHAM S/O YORAM DANIEL............................................. 2nd APPLICANT OREST S/O LUZIRO............................................................. 3rd APPLICANT

VERSUS REPUBLIC................................................................................. RESPONDENT

RULING 08th & 08th Dec. 2020 I.C. MUGETA, J. The applicants have applied for bail which is grantable by this court in terms of section 29 (3) (d) of the Economic and Organized Crimes Control Act [Cap.200 R.E. 2019]. The application is not objected and for that matter I hereby grant bail to the applicants on the following conditions: - (i) Each accused person to deposit in court cash Tshs 17,000,000/= or evidence of ownership of properties worth that value. i (ii) Each accused person to execute a bond of Tshs 30,000,000/= with one surety each in the like sum not deposited. (Hi) The accused persons should not travel outside Kigoma regional without approval of the court where they stand charged. I.C. Mugeta 'v.. . Judge 08/12/2020 Order: Those bail terms and approval of sureties to be executed at the RM's Court where the accused person have been arraigned pending trial. Sgd: I.C. Mugeta Judge 08/12/2020 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Economic and Organized Crimes Control Act [Cap.200 R.E. 2019]

Legislation

Legislation referenced in the available case record.

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