crispin prosper mwombeki vs republic 2022 tzhc 15513 27 december 2022
The offences charged are bailable and not restricted by law; the applicant's request for bail is legitimate and grantable, subject to fulfillment of specific bail conditions due to the high value of the subject matter.
- Citation
- crispin prosper mwombeki vs republic 2022 tzhc 15513 27 december 2022
- Parties
- Applicant: Crispin Prosper Mwombeki; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 December 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Bail Application
- Outcome
- Bail granted subject to conditions
- Legal Topics
- Bail, Pecuniary Jurisdiction, Economic and Organized Crime Control
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Crispin Prosper Mwombeki
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail despite the value of the subject matter exceeding the trial court's pecuniary limits
- 2 Whether the offences charged are bailable under the law
Ratio Decidendi
The offences charged are bailable and not restricted by law; the applicant's request for bail is legitimate and grantable, subject to fulfillment of specific bail conditions due to the high value of the subject matter.
Court Disposition
Bail granted subject to conditions
Orders
- Applicant to deposit cash sums or title deed(s) for landed properties, or properties approved or certified to have the value equivalent to one-fourth of the cumulative half of the value of the subject matter of the charge (TZS 672,989,819.18)
- Applicant to produce two reliable sureties, each executing a bond worth TZS 672,989,819.18
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