erick massawe vs republic 2022 tzhc 14880 30 november 2022
The applicant is entitled to bail as the offence is bailable, the court has jurisdiction, there are no objections from the respondent, and the applicant's health condition further justifies bail.
- Citation
- erick massawe vs republic 2022 tzhc 14880 30 november 2022
- Parties
- Applicant: Erick Massawe; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 November 2022
- Procedural Posture
- Miscellaneous Criminal Application / Bail Application Pending Trial
- Outcome
- Bail granted subject to conditions
- Legal Topics
- Bail, Right to Liberty, Health Grounds for Bail
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Erick Massawe
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for an offence intended to cause grievous harm
- 2 Whether the applicant's health condition justifies the grant of bail
Ratio Decidendi
The applicant is entitled to bail as the offence is bailable, the court has jurisdiction, there are no objections from the respondent, and the applicant's health condition further justifies bail.
Court Disposition
Bail granted subject to conditions
Orders
- Applicant to provide two reliable sureties, each to execute bonds valued at TZS 25,000,000; one surety preferably a government employee
- Applicant not to leave the jurisdiction without permission from the Deputy Registrar
Full Case Text
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