happgod naftal ulomi and 4 others vs republic 2021 tzhc 6671 30 july 2021

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM MISCELLANEOUS ECONOMIC CAUSE NO. 132 OF 2021 (Originating from Economic Crime Case No. 131 of 2019 in the Resident Magistrate's Court of Dar es Salaam at Kisutu) HAPPGOD NAFTAL ULOMI........................................ 1st APPLICANT LETICIA PHILIP MASSARO .................................... 2nd APPLICANT LYDIA PROSPER KIMARO........................................ 3rd APPLICANT ADINAN ALLY MOHAMED......................................... 4th APPLICANT MASOUD SELEMANI KOVA....................................... 5th APPLICANT

VERSUS THE REPUBLIC.............................................................. RESPONDENT

RULING Date of last Order: 23/07/2021 Date of Ruling: 30/07/2021 Itemba, J. Before the Resident Magistrate's Court of Dar es Salaam at Kisutu the 2nd applicant Leticia Philip Massaro, herein the applicant, with four others who are not part of this application, stand charged with an Economic Crime Case No. 131 of 2019. i The charge sheet against the 2nd applicant has two counts of Forgery Contrary to Section 333,335(a), 337 of the Penal Code (Cap. 16 of the Laws R.E 2002), one count of Stealing by Servant contrary to section 258(l)(2)(a) and 271 of the Penal Code (Cap. 16 of the Laws R.E 2002), and one count of Occasioning Loss to Specified Authority o' Contrary to Section 57(1) and Section 60(2) of the Economic and Organized Crime Control Act (Cap 200 RE 2002). Through her advocate Mr. Steven Bwana, the applicant has filed an application for bail under S. 29(4) (d) and 36(1) of The Economic and Organised Crimes Control Act, Cap 200 R.E. 2019 herein Cap 200. The application is under Certificate of Urgency. It is alleged that, on diverse dates between 2014 and 2015 at PMM Inland Container Deport within the City and Region of Dar es Salaam with intent to defraud, the applicant, made Cargo Services invoices number M4253012015 of Tshs. 4,150,004/= in favor of AMICO TRADING & SERVICES (T) LTD and number M14571122014 of Tshs. 2,881,012/= in favor of MECHANISED CARGO SYSTEM (T) LTD,

purporting to show that the said invoices were activated from Tanzania Port Authority Billing System, while in fact, it was not true. It is also alleged that, the applicant together with 4 others on diverse dates between 2014 and 2015 at PMM Inland Container Deport within the City and Region of Dar es Salaam, being employees and servants of Tanzania Port Authority, did steal a sum of Tanzanian Shillings One Billion Five Million Seventy Nine Thousands Eight Hundred and Nine and one Cent 2 (Tshs. 1,005,079,809.01/=) the property of their employer, Tanzania Port Authority. The applicant together with 4 others, are also alleged to have caused Tanzania Port Authority to suffer a pecuniary loss of the same amount of money; that is Tshs. 1,005,079,809.01/=. When the application was scheduled for hearing, Mr. Steven Bwana represented the applicant who was absent in Court and Ms. Jennifer Masue Senior State Attorney appeared for the republic respondent. Submitting for the applicant, Mr. Bwana prayed for his affidavit to be adopted and for the applicant to be granted bail pending trial before the Resident Magistrate Court of Dar es salaam at Kisutu. He stated that, the applicant lives in Dar es Salaam and has reliable sureties who will ensure her presence before the court. Ms. Masue for the Respondent did not have any objection to the application. She stated that the Court is properly

moved and the offences which the applicant is charged with are bailable. She prayed that the court should observe Section 36(5) Cap 200 to enable availability of the applicant when required to appear before the court. . I have careful gone through the affidavit in support of the Chamber Summons and submissions by both parties. It is agreeable by both parties that the offences with which the applicant is facing are bailable and that this court has power to entertain the application. Also, considering the fact that the respondent did not object the application and that the applicant is ready to meet bail conditions should her bail application be allowed; I find it appropriate to admit the applicant to bail. 3 I have also considered that the applicant is charged with 4 other suspects therefore, the principal of sharing is applicable. That said, under the guidance of mandatory provisions of Section 36(5) and (6) of Cap 200, I hereby grant bail to the applicant on the following conditions: 1. The applicant shall deposit in court cash, half of Tanzanian Shillings One Billion Five Million Seventy-Nine Thousand Eight Hundred and Nine and one Cent (Tshs. 1,005,079,809.01) or property/properties equivalent to half value of the said amount and the rest of the amount to be secured by execution of bonds in writing. The principle of sharing to apply.

2. The applicant to provide 2 sureties who are to execute a bond of Tanzania Shillings fifty million (Tshs. 50,000,000/=) each, and to satisfy the Court that sureties are either employees of the Government or possesses a National Identity Card issued by NIDA with permanent residence within Dar es salaam Region.

3. The applicant should not leave the jurisdiction of the court without prior permission from the Resident Magistrates Court of Dar es Salaam Region at Kisutu; 4. The applicant shall continue to attend her case on a date and time scheduled. 4 5. Verification of sureties and bond documents to be executed by the Resident Magistrate, in Resident Magistrates Court of Dar es Salaam Region at Kisutu.

6. The applicants are to surrender their passports and any other travelling documents (if any) to the Resident Magistrate, Resident Magistrates Court of Dar es Salaam Region at Kisutu. It is so ordered. DATED at DAR ES SALAAM this 30th day of July, 2021. J. Item ba

JUDGE 30/07/2021 Ruling delivered at Dar es Salaam in chambers this 30th day of July, 2021 in the presence the applicant in person, Mr. Steven Bwana learned Advocates for the Applicant and Ms. Jennifer Masue, learned Senior State Attorney for the Respondent. Right of appeal explained. Q J. Item ba

JUDGE ^‘730/07/2021