lukas hamis paulo and others vs republic 2020 tzhc 774 1 april 2020

lukas hamis paulo and others vs republic 2020 tzhc 774 1 april 2020

The bail application is incompetent because the supporting affidavit contains material errors regarding the court where the case is pending and was sworn by the applicants' counsel rather than the applicants themselves, rendering it hearsay and unreliable. Such defects are incurable and the application cannot be entertained.

Citation
lukas hamis paulo and others vs republic 2020 tzhc 774 1 april 2020
Parties
Applicant: Lukas Hamis @ Paulo; Applicant: Finias Henery @ Mdele; Applicant: Mosi Charles @ Mlindwa; Applicant: Daud Henry @ Ndele; Applicant: Seleman Masoud Abdalah @ Mpemba; Applicant: Anna Stanley @ Mtambala; Applicant: Karim Ally @ Juma; Applicant: Abubakar Rashid Swai @ Issa Bwashee; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 April 2020
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objections to Bail Application
Outcome
Application struck out
Legal Topics
Bail, Affidavit Defects, Preliminary Objections, Economic and Organised Crime
Source Language
English
Criminal Law Criminal Procedure Bail Affidavit Defects Preliminary Objections Economic and Organised Crime

Case Brief

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Parties

Lukas Hamis @ Paulo

Applicant

Finias Henery @ Mdele

Applicant

Mosi Charles @ Mlindwa

Applicant

Daud Henry @ Ndele

Applicant

Seleman Masoud Abdalah @ Mpemba

Applicant

Anna Stanley @ Mtambala

Applicant

Karim Ally @ Juma

Applicant

Abubakar Rashid Swai @ Issa Bwashee

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objections to Bail Application

Legal Issues

  1. 1 Whether the bail application is competent before the court
  2. 2 Whether the affidavit in support of the application is incurably defective

Ratio Decidendi

The bail application is incompetent because the supporting affidavit contains material errors regarding the court where the case is pending and was sworn by the applicants' counsel rather than the applicants themselves, rendering it hearsay and unreliable. Such defects are incurable and the application cannot be entertained.

Court Disposition

Application struck out

Orders

  • Bail application struck out as incompetent
  • Preliminary objections sustained