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
Case Brief
Summary, issues, holding and outcome
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Parties
Muhidini Rashidi Kidugilike
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Bail Application Pending Trial
Legal Issues
- 1 Whether the High Court has jurisdiction to grant bail where the value of property involved exceeds ten million shillings
- 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.
Full Case Text
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