damian damian luena vs republic 2018 tzhc 2074 16 january 2018

damian damian luena vs republic 2018 tzhc 2074 16 january 2018

The applicant is entitled to bail as the charged offence is bailable, no objection was raised, and no evidence exists of previous bail jumping or conviction for more than three years. The omission to cite Act No. 3/2016 does not bar the application for sake of justice.

Source-derived case information.

Citation
damian damian luena vs republic 2018 tzhc 2074 16 january 2018
Parties
Applicant: Damian Damian Luena; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 January 2018
Procedural Posture
Bail Application / Ruling
Outcome
Application granted
Legal Topics
Bail, Economic and Organized Crimes Control Act, Jurisdiction
Source Language
english
Criminal Law Economic Crimes Bail Economic and Organized Crimes Control Act Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Damian Damian Luena

Applicant

The Republic

Respondent

Procedural Posture

Bail Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to bail under the Economic and Organized Crimes Control Act
  2. 2 Whether the omission to cite Act No. 3/2016 affects the application

Ratio Decidendi

The applicant is entitled to bail as the charged offence is bailable, no objection was raised, and no evidence exists of previous bail jumping or conviction for more than three years. The omission to cite Act No. 3/2016 does not bar the application for sake of justice.

Court Disposition

Application granted

Orders

  • Applicant to deposit Tshs. 9,350,000/= cash or title deed of immovable property of equal value, approved by relevant authorities, free from encumbrance, located within Ruvuma Region.
  • Applicant to produce two reliable sureties: one government employee with identification letter, one recognized private employee or reputable person with identification letter.