hamis hassan mkao vs ibrahim herieth liban 2023 tzhc 23330 14 december 2023

The applicants are entitled to bail as the offences are bailable and there are no facts to curtail bail; bail is granted subject to statutory conditions including deposit of half the value involved and surety bonds.

Citation: hamis hassan mkao vs ibrahim herieth liban 2023 tzhc 23330 14 december 2023
Parties: Applicant: Hamis Hassan Mkao; Applicant: Ibrahim Herieth Liban; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2023
Procedural Posture: Miscellaneous Criminal Application / Ruling on Bail Application
Outcome: Bail granted with conditions
Legal Topics: Bail, Organised Crime, Embezzlement, Misappropriation, Computer Related Fraud
Source Language: English

Criminal Law Economic Crimes Bail Organised Crime Embezzlement Misappropriation Computer Related Fraud

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Parties

Hamis Hassan Mkao

Applicant

Ibrahim Herieth Liban

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Application

Legal Issues

1 Whether the applicants are entitled to bail under the Economic and Organised Crime Control Act given the amount involved exceeds the magistrate's jurisdiction
2 What are the appropriate bail conditions under the law

Ratio Decidendi

Court Disposition

Bail granted with conditions

Orders

Each applicant must deposit TZS 198,482,678 in cash or immovable property of equivalent value located in Dar es Salaam Region.
Each applicant must secure two reliable sureties with a fixed abode in Dar es Salaam, each signing a bond of TZS 99,241,338.8.