20130325 TZHC Dar es Salaam

20130325 TZHC Dar es Salaam

The applicant's serious illnesses require special care and attention not adequately available in prison, and her appeal is not frivolous with a reasonable chance of success; these combined factors constitute exceptional and unusual reasons justifying bail pending appeal.

Citation
20130325 TZHC Dar es Salaam
Parties
Applicant: Janeth Tijan; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 March 2013
Procedural Posture
Misc Criminal Application (bail Pending Appeal) / Ruling on Bail Pending Appeal
Outcome
Application for bail pending appeal granted
Legal Topics
Bail Pending Appeal, Discretionary Judicial Power, Exceptional Circumstances, Health Grounds for Bail
Source Language
English
Criminal Law Criminal Procedure Bail Pending Appeal Discretionary Judicial Power Exceptional Circumstances Health Grounds for Bail

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Parties

Janeth Tijan

Applicant

Republic

Respondent

Procedural Posture

Misc Criminal Application (bail Pending Appeal) / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has shown reasonable cause for grant of bail pending appeal
  2. 2 Whether illness and other personal circumstances constitute exceptional and unusual reasons for bail pending appeal

Ratio Decidendi

The applicant's serious illnesses require special care and attention not adequately available in prison, and her appeal is not frivolous with a reasonable chance of success; these combined factors constitute exceptional and unusual reasons justifying bail pending appeal.

Court Disposition

Application for bail pending appeal granted

Orders

  • Applicant to execute a bond of TZS 10,000,000 with two reliable sureties in like sum, one of whom must provide immovable property valued at not less than TZS 30,000,000 as security.