19940304 TZHC Mwanza

19940304 TZHC Mwanza

Section 35(3)(o) of the Economic and Organised Crime Control Act is unconstitutional for denying bail, following the reasoning in Director of Public Prosecutions vs Daudi Pete. The offences charged are bailable and normal bail principles apply.

Source-derived case information.

Citation
19940304 TZHC Mwanza
Parties
Applicant: Isaack s/o Magema Magereja; Applicant: Jamisi s/o Ramadhani; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 1994
Procedural Posture
Miscellaneous Criminal Cause / Bail Application Pending Trial
Outcome
bail granted
Legal Topics
Bail, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Constitutionality of Bail Provisions
Source Language
english
Criminal Law Bail Unlawful Possession of Firearms Unlawful Possession of Ammunition Constitutionality of Bail Provisions

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Parties

Isaack s/o Magema Magereja

Applicant

Jamisi s/o Ramadhani

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Cause / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the offences charged are bailable under Tanzanian law
  2. 2 Whether section 35(3)(o) of the Economic and Organised Crime Control Act is constitutional

Ratio Decidendi

Section 35(3)(o) of the Economic and Organised Crime Control Act is unconstitutional for denying bail, following the reasoning in Director of Public Prosecutions vs Daudi Pete. The offences charged are bailable and normal bail principles apply.

Court Disposition

bail granted

Orders

  • Each applicant to execute a bail bond of shs. 300,000
  • Each applicant to have two sureties, each surety to execute a bail bond of shs. 300,000