joseph ntinda vs republic 2021 tzhc 5882 24 august 2021

The applicant is entitled to bail as the offence is bailable, the High Court has jurisdiction due to the value involved, and the principle of sharing applies to the bail amount among co-accused.

Citation: joseph ntinda vs republic 2021 tzhc 5882 24 august 2021
Parties: Applicant: Joseph s/o Ntinda; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 August 2021
Procedural Posture: Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial
Outcome: Bail granted
Legal Topics: Bail, Jurisdiction, Wildlife Offences
Source Language: English

Criminal Law Economic Crimes Bail Jurisdiction Wildlife Offences

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Parties

Joseph s/o Ntinda

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

1 Whether the applicant is entitled to bail pending trial in an economic crime case involving government trophy valued above the subordinate court's jurisdiction
2 What bail conditions are appropriate under the Economic and Organized Crimes Control Act

Ratio Decidendi

The applicant is entitled to bail as the offence is bailable, the High Court has jurisdiction due to the value involved, and the principle of sharing applies to the bail amount among co-accused.

Court Disposition

Bail granted

Orders

Applicant to deposit cash Tshs. 5,797,500 or property worth that sum; each applicant to have two sureties each signing bond at the like sum.
Sureties must be residents of Rukwa Region.