muhidin rashidi kidugilike vs republic 2022 tzhc 11344 25 january 2022

muhidin rashidi kidugilike vs republic 2022 tzhc 11344 25 january 2022

The High Court has exclusive jurisdiction to grant bail in economic offences where the value involved exceeds ten million shillings, and the applicant is entitled to bail as a constitutional right, subject to reasonable conditions to ensure attendance at trial.

Citation
muhidin rashidi kidugilike vs republic 2022 tzhc 11344 25 january 2022
Parties
Applicant: Muhidini Rashidi Kidugilike; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 January 2022
Procedural Posture
Miscellaneous Criminal Application / Bail Application Pending Trial
Outcome
Application for bail granted with conditions.
Legal Topics
Bail, Jurisdiction, Unlawful Possession of Government Trophies
Source Language
English

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Parties

Muhidini Rashidi Kidugilike

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application Pending Trial

  1. 1 Whether the High Court has jurisdiction to grant bail where the value of property involved exceeds ten million shillings
  2. 2 Whether the applicant is entitled to bail under the circumstances

Ratio Decidendi

The High Court has exclusive jurisdiction to grant bail in economic offences where the value involved exceeds ten million shillings, and the applicant is entitled to bail as a constitutional right, subject to reasonable conditions to ensure attendance at trial.

Court Disposition

Application for bail granted with conditions.

Orders

  • Applicant to deposit cash or property equivalent to half the value involved (Tanzanian Shillings 17,277,080 or above), remainder secured by bond.
  • If immovable property is deposited, title deed and valuation report required.