charles hume and 2 others vs republic 2020 tzhc 4128 8 december 2020
- Citation
- charles hume and 2 others vs republic 2020 tzhc 4128 8 december 2020
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 8 December 2020
- Posture
- Miscellaneous Economic Application / Bail Application Ruling
- Language
- English
More details
- Court
- TZHC
- Decision
- 8 December 2020
- Posture
- Miscellaneous Economic Application / Bail Application Ruling
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
ApplicantYotham s/o Yoram Daniel
ApplicantOrest s/o Luziro
ApplicantRepublic
RespondentAmounts and remedies
- Cash Deposit Per Accused: TZS 17,000,000
- Bond Per Accused: TZS 30,000,000
03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 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
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.