jackson matandu others vs republic 2018 tzhcced 30 4 july 2018

jackson matandu others vs republic 2018 tzhcced 30 4 july 2018

Where offences are bailable and there is no legal prohibition, the Court must grant bail subject to conditions that ensure the accused's attendance and compliance, considering the value of the alleged pecuniary loss and statutory requirements for sureties.

Citation
jackson matandu others vs republic 2018 tzhcced 30 4 july 2018
Parties
Applicant: Jackson Matandu; Applicant: Prof. John Ferdinandi Machiwa; Applicant: Jane Mpuya; Applicant: Godwin Gerson Mshana; Applicant: Prof. Philemon Mushi; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 July 2018
Procedural Posture
Bail Application (consolidated Misc. Economic Causes) / Ruling on Bail Application
Outcome
Bail granted to all applicants subject to specified conditions.
Legal Topics
Bail Application, Economic and Organized Crime Control Act, Constitutional Right to Bail, Surety Requirements
Source Language
English
Criminal Law Economic Crimes Bail Bail Application Economic and Organized Crime Control Act Constitutional Right to Bail Surety Requirements

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Parties

Jackson Matandu

Applicant

Prof. John Ferdinandi Machiwa

Applicant

Jane Mpuya

Applicant

Godwin Gerson Mshana

Applicant

Prof. Philemon Mushi

Applicant

Republic

Respondent

Procedural Posture

Bail Application (consolidated Misc. Economic Causes) / Ruling on Bail Application

Legal Issues

  1. 1 Whether the applicants are entitled to bail under the Economic and Organized Crime Control Act
  2. 2 What conditions should be imposed for bail in economic offences

Ratio Decidendi

Where offences are bailable and there is no legal prohibition, the Court must grant bail subject to conditions that ensure the accused's attendance and compliance, considering the value of the alleged pecuniary loss and statutory requirements for sureties.

Court Disposition

Bail granted to all applicants subject to specified conditions.

Orders

  • Applicants to deposit cash Tshs. 247,994,382.0 or immovable property of equivalent value.
  • Each applicant to provide two reliable sureties, one being a government employee, each surety to execute a bond of Tshs 15,000,000/-.