fauz suleiman salum vs republic 2007 tzhc 393 8 october 2007

fauz suleiman salum vs republic 2007 tzhc 393 8 october 2007

The application was struck out because it was brought under inapplicable legal provisions and was premature, as the High Court can only entertain bail applications after committal and filing of information in proceedings before it.

Citation
fauz suleiman salum vs republic 2007 tzhc 393 8 october 2007
Parties
Applicant: Fauz Suleiman Salum; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 October 2007
Procedural Posture
Criminal Application / Ruling on Preliminary Objection and Application for Bail
Outcome
Application struck out
Legal Topics
Bail, Jurisdiction, Prematurity of Application
Source Language
English
Criminal Law Criminal Procedure Bail Jurisdiction Prematurity of Application

Case Brief

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Parties

Fauz Suleiman Salum

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection and Application for Bail

Legal Issues

  1. 1 Whether the High Court can direct the lower court to grant bail in a case triable only by the High Court
  2. 2 Whether the application for bail is properly before the High Court prior to committal for trial
  3. 3 Whether the cited legal provisions confer jurisdiction to grant bail at this stage

Ratio Decidendi

The application was struck out because it was brought under inapplicable legal provisions and was premature, as the High Court can only entertain bail applications after committal and filing of information in proceedings before it.

Court Disposition

Application struck out

Orders

  • The application is struck out for being brought under the wrong provisions of the law and for being premature.