james john siwakwi and 5 others 2020 tzhc 4327 15 december 2020

james john siwakwi and 5 others 2020 tzhc 4327 15 december 2020

Where the value of the offence is not stated in an economic crimes case at committal stage, the district court has jurisdiction to entertain a bail application, not the High Court. The application before the High Court is incompetent and must be dismissed.

Source-derived case information.

Citation
james john siwakwi and 5 others 2020 tzhc 4327 15 december 2020
Parties
Applicant: James John Siwakwi; Applicant: Safari Stivin Sinkala; Applicant: Rajabu Wilium Mwakajobe; Applicant: Salum Eddy Kalinga Elia; Applicant: Ima Yohana Simkoko; Applicant: Peter Kambona Silwimba; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Miscellaneous Criminal Application / Preliminary Objection on Bail Application
Outcome
Application dismissed
Legal Topics
Bail, Jurisdiction, Economic and Organised Crime Control
Source Language
english
Criminal Law Economic Crimes Bail Jurisdiction Economic and Organised Crime Control

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Parties

James John Siwakwi

Applicant

Safari Stivin Sinkala

Applicant

Rajabu Wilium Mwakajobe

Applicant

Salum Eddy Kalinga Elia

Applicant

Ima Yohana Simkoko

Applicant

Peter Kambona Silwimba

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Preliminary Objection on Bail Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a bail application at committal stage where the value of the offence is not stated
  2. 2 Proper procedure for bail application in economic crimes cases at committal stage

Ratio Decidendi

Where the value of the offence is not stated in an economic crimes case at committal stage, the district court has jurisdiction to entertain a bail application, not the High Court. The application before the High Court is incompetent and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Preliminary objection sustained
  • Applicants advised to apply for bail in the district court pending committal proceedings