20170918 TZCA Dar es Salaam
The High Court cannot grant bail to the applicants because a valid DPP certificate objecting bail was filed, and the court is bound by statutory provisions and Court of Appeal precedent prohibiting bail in such circumstances.
- Citation
- 20170918 TZCA Dar es Salaam
- Parties
- Applicant: Deogratius Antony Kisinda; Applicant: Abdallah Ahmed San Gey; Applicant: Thobias Zakayo Fwere; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 2017
- Procedural Posture
- Bail Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Bail, Jurisdiction, DPP Certificate, Abuse of Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Deogratius Antony Kisinda
Applicant
Abdallah Ahmed San Gey
Applicant
Thobias Zakayo Fwere
Applicant
The Republic
Respondent
Procedural Posture
Bail Application / Ruling
Legal Issues
- 1 Whether the applicants are entitled to bail pending committal before the Resident Magistrates' Court at Kisutu
- 2 Whether the DPP's certificate objecting bail is valid and binding
- 3 Whether the High Court has jurisdiction to examine the charge sheet for correctness in bail applications
Ratio Decidendi
The High Court cannot grant bail to the applicants because a valid DPP certificate objecting bail was filed, and the court is bound by statutory provisions and Court of Appeal precedent prohibiting bail in such circumstances.
Court Disposition
application dismissed
Orders
- Bail application dismissed.
Full Case Text
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