james so heren mfangavo vs republic 2020 tzhc 3996 25 november 2020

The applicant is entitled to bail as the offence is bailable under the law, and the High Court has jurisdiction to grant bail subject to statutory conditions due to the value of property involved.

Citation: james so heren mfangavo vs republic 2020 tzhc 3996 25 november 2020
Parties: Applicant: James s/o Heren @ Mfangavo; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 November 2020
Procedural Posture: Misc. Criminal Application / Ruling on Bail Application Pending Trial
Outcome: Bail granted subject to conditions.
Legal Topics: Bail, Jurisdiction, Interference With Property, Presumption of Innocence
Source Language: English

Criminal Law Economic Crimes Bail Jurisdiction Interference With Property Presumption of Innocence

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Parties

James s/o Heren @ Mfangavo

Applicant

Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

1 Whether the applicant is entitled to bail pending trial for an economic offence involving property valued above Tshs. 10,000,000/=

Ratio Decidendi

The applicant is entitled to bail as the offence is bailable under the law, and the High Court has jurisdiction to grant bail subject to statutory conditions due to the value of property involved.

Court Disposition

Bail granted subject to conditions.

Orders

Applicant to deposit hand cash Tshs. 8,783,500/= or immovable property with title deed or property valued not below half the value involved.
Applicant to have two sureties with introductory letters from locality or employer.