maunda fadhili mshana another vs republic 2022 tzhc 959 31 march 2022

maunda fadhili mshana another vs republic 2022 tzhc 959 31 march 2022

Once the subordinate court has been conferred with jurisdiction and trial has commenced, the High Court's exceptional jurisdiction to grant bail ceases, and the application for bail must be made before the trial court.

Source-derived case information.

Citation
maunda fadhili mshana another vs republic 2022 tzhc 959 31 march 2022
Parties
Applicant: Maunda Fadhil Mshana; Applicant: Jofrey Joseph @ Ngido Joseph; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Miscellaneous Criminal Application / Bail Application Before High Court
Outcome
Application struck out
Legal Topics
Bail, Jurisdiction, Economic and Organized Crimes
Source Language
english
Criminal Law Constitutional Law Bail Jurisdiction Economic and Organized Crimes

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Parties

Maunda Fadhil Mshana

Applicant

Jofrey Joseph @ Ngido Joseph

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application Before High Court

  1. 1 Whether the High Court has jurisdiction to grant bail after the subordinate court has been conferred with jurisdiction and trial has commenced in an economic case exceeding TZS 10,000,000

Ratio Decidendi

Once the subordinate court has been conferred with jurisdiction and trial has commenced, the High Court's exceptional jurisdiction to grant bail ceases, and the application for bail must be made before the trial court.

Court Disposition

Application struck out

Orders

  • Applicants to appear before the subordinate court in Economic No. 26 of 2021 to seek bail