20190115 TZHC Dodoma

The offence is bailable by law, the applicant has a fixed abode, and the respondent's new ground was not raised in the counter affidavit and cannot be considered; bail is granted.

Citation: 20190115 TZHC Dodoma
Parties: Applicant: Geofrey Joseph Mwaluko; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 January 2019
Procedural Posture: Miscellaneous Criminal Application / Bail Pending Trial
Outcome: Application granted; bail pending trial allowed.
Legal Topics: Bail, Jurisdiction, Economic Offences
Source Language: English

Criminal Law Bail Jurisdiction Economic Offences

Case Brief

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 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Geofrey Joseph Mwaluko

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Pending Trial

Legal Issues

1 Whether the applicant is entitled to bail pending trial in an economic offence involving over ten million shillings
2 Whether the District Court has jurisdiction to grant bail in such cases
3 Whether the applicant is likely to interfere with investigations if granted bail

Ratio Decidendi

The offence is bailable by law, the applicant has a fixed abode, and the respondent's new ground was not raised in the counter affidavit and cannot be considered; bail is granted.

Court Disposition

Application granted; bail pending trial allowed.

Orders

Applicant admitted to bail with two sureties, one with immovable property within Dodoma Region.
Each surety and applicant to sign a bond of ten million shillings.