mswadiko bijuka and five others vs republic 2022 tzhc 114 31 january 2022

mswadiko bijuka and five others vs republic 2022 tzhc 114 31 january 2022

The applicants are entitled to bail as the offence is bailable, the High Court has jurisdiction, and the applicants meet the statutory requirements; bail is granted subject to conditions including deposit of cash or property, sureties, and restrictions on travel.

Citation
mswadiko bijuka and five others vs republic 2022 tzhc 114 31 january 2022
Parties
Applicant: Mswadiko s/o Bijuka; Applicant: Sevelian s/o Bakalwela Nyongela; Applicant: Kabalinus s/o Alfred Rwangonga; Applicant: Tabu s/o Sabasaba; Applicant: Jason Gervas @ Mbirigi; Applicant: Cosmas s/o Clemence; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2022
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
bail granted
Legal Topics
Bail, Organized Crime, Unlawful Possession of Government Trophy, Jurisdiction, Bail Conditions
Source Language
English
Criminal Law Economic Crimes Bail Organized Crime Unlawful Possession of Government Trophy Jurisdiction Bail Conditions

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Parties

Mswadiko s/o Bijuka

Applicant

Sevelian s/o Bakalwela Nyongela

Applicant

Kabalinus s/o Alfred Rwangonga

Applicant

Tabu s/o Sabasaba

Applicant

Jason Gervas @ Mbirigi

Applicant

Cosmas s/o Clemence

Applicant

Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail pending trial in an economic case involving property valued above ten million shillings
  2. 2 Whether the High Court has jurisdiction to grant bail in the absence of consent and certificate in the subordinate court

Ratio Decidendi

The applicants are entitled to bail as the offence is bailable, the High Court has jurisdiction, and the applicants meet the statutory requirements; bail is granted subject to conditions including deposit of cash or property, sureties, and restrictions on travel.

Court Disposition

bail granted

Orders

  • Each applicant to deposit Tshs. 2,856,292/= in cash or immovable property of equivalent value with valuation report if property is used.
  • Each applicant to provide two reliable sureties with fixed abode in Kagera Region.