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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 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
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