20111216 TZHC Dar es Salaam 2
The offence charged is unbailable by express statutory provisions, and the charge as drafted meets legal requirements for particulars; therefore, the application for bail must be dismissed.
- Citation
- 20111216 TZHC Dar es Salaam 2
- Parties
- Applicant: Mwanaidi Ramadhani Mfungo & Eight Others; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 December 2011
- Procedural Posture
- Miscellaneous Economic Criminal Application / Bail Application Pending Trial
- Outcome
- application dismissed
- Legal Topics
- Bail, Unbailable Offences, Trafficking in Drugs, Presumption of Innocence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mwanaidi Ramadhani Mfungo & Eight Others
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Economic Criminal Application / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial for an unbailable offence under Tanzanian law
- 2 Whether the charge is incomplete or defective for purposes of bail consideration
Ratio Decidendi
The offence charged is unbailable by express statutory provisions, and the charge as drafted meets legal requirements for particulars; therefore, the application for bail must be dismissed.
Court Disposition
application dismissed
Orders
- Bail application is dismissed.
Full Case Text
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