20110222 TZHC Dar es Salaam

20110222 TZHC Dar es Salaam

The applicant is entitled to bail on conditions similar to those set in Simon Eliezer Jengo, allowing either cash deposit or equivalent title deeds, due to the harshness and unfairness of compulsory cash deposit and in the interest of justice.

Citation
20110222 TZHC Dar es Salaam
Parties
Applicant: Lilian Chengula; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 February 2011
Procedural Posture
Miscellaneous Economic Application / Bail Application Pending Trial at Preliminary Stage
Outcome
Application for bail granted with conditions.
Legal Topics
Bail, Theft, Economic and Organized Crime Control, Criminal Procedure
Source Language
English
Criminal Law Economic Crimes Bail Theft Economic and Organized Crime Control Criminal Procedure

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Parties

Lilian Chengula

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Economic Application / Bail Application Pending Trial at Preliminary Stage

Legal Issues

  1. 1 Whether the applicant is entitled to bail under the Economic and Organized Crime Control Act and Criminal Procedure Act given the value of property involved exceeds statutory threshold

Ratio Decidendi

The applicant is entitled to bail on conditions similar to those set in Simon Eliezer Jengo, allowing either cash deposit or equivalent title deeds, due to the harshness and unfairness of compulsory cash deposit and in the interest of justice.

Court Disposition

Application for bail granted with conditions.

Orders

  • Applicant to deposit cash bail of TZS 670,000,000 or equivalent value in title deeds.
  • Applicant to sign own recognizance for TZS 670,000,000.