joyce john mushi vs republic 2021 tzca 684 22 november 2021
The appeal was rendered moot because the charge of money laundering, which was the subject of the bail application, was withdrawn by nolle prosequi. Therefore, there was no longer a live issue for determination.
- Citation
- joyce john mushi vs republic 2021 tzca 684 22 november 2021
- Parties
- Appellant: Joyce John Mushi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 November 2021
- Procedural Posture
- Criminal Appeal / Ruling on Appeal
- Outcome
- appeal struck out as moot
- Legal Topics
- Bail Pending Trial, Money Laundering, Economic Offences, Withdrawal of Charges, Nolle Prosequi
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Parties
Joyce John Mushi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the High Court erred in dismissing the application for bail on the basis that money laundering is not bailable under s. 148(5)(a)(v) of the CPA when the application was made under the EOCCA.
Ratio Decidendi
The appeal was rendered moot because the charge of money laundering, which was the subject of the bail application, was withdrawn by nolle prosequi. Therefore, there was no longer a live issue for determination.
Court Disposition
appeal struck out as moot
Orders
- The appeal is struck out for having been overtaken by events.
Full Case Text
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