noel chimwaga another vs republic 2018 tzhcced 52 21 november 2018

noel chimwaga another vs republic 2018 tzhcced 52 21 november 2018

The offences charged are bailable, the value of the property charged confers jurisdiction on the High Court, and there is no objection from the prosecution; therefore, bail is granted subject to statutory conditions.

Citation
noel chimwaga another vs republic 2018 tzhcced 52 21 november 2018
Parties
Applicant: Noel Chimwaga; Applicant: Novatus Dionis; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 November 2018
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
Bail granted subject to conditions
Legal Topics
Bail, Jurisdiction, Economic and Organized Crime Control
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Economic and Organized Crime Control

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Noel Chimwaga

Applicant

Novatus Dionis

Applicant

Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail under the Economic and Organized Crime Control Act
  2. 2 Whether the court has jurisdiction to grant bail in the circumstances

Ratio Decidendi

The offences charged are bailable, the value of the property charged confers jurisdiction on the High Court, and there is no objection from the prosecution; therefore, bail is granted subject to statutory conditions.

Court Disposition

Bail granted subject to conditions

Orders

  • Each applicant to deposit cash Tshs. 40,950,000/- or immovable property of equal value.
  • Each applicant to provide two reliable sureties to execute a bond of Tshs. 3,000,000/- each, with residency and identification requirements.