gisaba chombo and 4 others vs republic 2021 tzhc 6051 18 august 2021

gisaba chombo and 4 others vs republic 2021 tzhc 6051 18 august 2021

The High Court has jurisdiction to grant bail in this matter as the value of the subject matter exceeds ten million shillings, the offences are bailable, and the respondent does not oppose the application. Bail is granted subject to statutory conditions.

Citation
gisaba chombo and 4 others vs republic 2021 tzhc 6051 18 august 2021
Parties
Applicant: Gisaba Chombo; Applicant: James Philipo; Applicant: Rebeka Luma; Applicant: Rehema Masuka; Applicant: Elias Lyalobela; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2021
Procedural Posture
Consolidated Bail Application / Ruling on Bail Pending Trial
Outcome
application granted
Legal Topics
Bail, Jurisdiction, Stealing by Servant, Occasioning Loss to Specified Authority
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Stealing by Servant Occasioning Loss to Specified Authority

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Parties

Gisaba Chombo

Applicant

James Philipo

Applicant

Rebeka Luma

Applicant

Rehema Masuka

Applicant

Elias Lyalobela

Applicant

Republic

Respondent

Procedural Posture

Consolidated Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant bail where the value of the subject matter is above ten million shillings
  2. 2 Whether the applicants are entitled to bail pending trial

Ratio Decidendi

The High Court has jurisdiction to grant bail in this matter as the value of the subject matter exceeds ten million shillings, the offences are bailable, and the respondent does not oppose the application. Bail is granted subject to statutory conditions.

Court Disposition

application granted

Orders

  • Each applicant to deposit cash of Tshs. 3,791,200 or surrender a title deed of equivalent or greater value certified by a professional valuer.
  • Each applicant to execute a promissory bond for Tshs. 3,791,200 with two sureties.