fadhili athuman juma and others vs republic 2020 tzhc 773 3 april 2020

fadhili athuman juma and others vs republic 2020 tzhc 773 3 april 2020

The High Court lacks jurisdiction to grant bail to applicants whose arrests occurred outside Dodoma; only the 4th and 5th applicants, arrested within Dodoma, fall within jurisdiction. Proceedings in Resident Magistrates' Court of Dodoma are nullified for illegality.

Citation
fadhili athuman juma and others vs republic 2020 tzhc 773 3 april 2020
Parties
Applicant: Fadhili Athuman Juma; Applicant: Chacha William Masese; Applicant: Choji Batista Mtandi; Applicant: Samo Ally Issack; Applicant: Mwinyi Ramadhani Magina; Applicant: Iddrissah Tunguhole; Applicant: Master Ommary; Applicant: Ismail Ambindwile; Applicant: Francis Peter Ngozingozi; Applicant: Joseph Wilson Bulinda; Applicant: Baraka Phaustine Karuma; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 April 2020
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Pending Trial
Outcome
application struck out
Legal Topics
Bail, Jurisdiction, Economic Offences, Unlawful Payment
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Economic Offences Unlawful Payment

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Parties

Fadhili Athuman Juma

Applicant

Chacha William Masese

Applicant

Choji Batista Mtandi

Applicant

Samo Ally Issack

Applicant

Mwinyi Ramadhani Magina

Applicant

Iddrissah Tunguhole

Applicant

Master Ommary

Applicant

Ismail Ambindwile

Applicant

Francis Peter Ngozingozi

Applicant

Joseph Wilson Bulinda

Applicant

Baraka Phaustine Karuma

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant bail to applicants whose arrests occurred outside Dodoma
  2. 2 Eligibility of applicants for bail pending trial on economic offences

Ratio Decidendi

The High Court lacks jurisdiction to grant bail to applicants whose arrests occurred outside Dodoma; only the 4th and 5th applicants, arrested within Dodoma, fall within jurisdiction. Proceedings in Resident Magistrates' Court of Dodoma are nullified for illegality.

Court Disposition

application struck out

Orders

  • Proceedings and orders in Resident Magistrates' Court of Dodoma are nullified and quashed for illegality.
  • Respondent to prosecute applicants in courts within local limits of their arrests as soon as practicable.