himid so hamad himid vs republic 2017 tzhcced 18 16 november 2017

himid so hamad himid vs republic 2017 tzhcced 18 16 november 2017

The High Court has jurisdiction to entertain the bail application despite technical errors in citation, as the applicant is a layperson and the offence is bailable. The applicant is entitled to bail upon fulfillment of statutory conditions due to the value of the property involved.

Citation
himid so hamad himid vs republic 2017 tzhcced 18 16 november 2017
Parties
Applicant: Himid s/o Hamad @ Himid; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 November 2017
Procedural Posture
Misc. Economic Crimes Application / Ruling on Bail Application
Outcome
Application granted
Legal Topics
Bail, Jurisdiction, Unlawful Possession of Government Trophy, Procedural Technicalities
Source Language
English
Criminal Law Economic Crimes Wildlife Law Bail Jurisdiction Unlawful Possession of Government Trophy Procedural Technicalities

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Parties

Himid s/o Hamad @ Himid

Applicant

The Republic

Respondent

Procedural Posture

Misc. Economic Crimes Application / Ruling on Bail Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the bail application
  2. 2 Whether the applicant is entitled to bail despite technical errors in citation

Ratio Decidendi

The High Court has jurisdiction to entertain the bail application despite technical errors in citation, as the applicant is a layperson and the offence is bailable. The applicant is entitled to bail upon fulfillment of statutory conditions due to the value of the property involved.

Court Disposition

Application granted

Orders

  • Applicant to deposit in court cash Tshs. 16,798,350 or title deed/immovable property of equivalent value, free from encumbrances, approved by relevant authorities.
  • Applicant to furnish two reliable sureties, each signing a bond of Tshs. 5,000,000; one must be a government employee with identification letter, the other a reputable person with recognized immovable property and identification letter from Ward Executive Officer.