nuhu emmanuelkyaitongo vs republic 2020 tzhc 4292 14 december 2020

nuhu emmanuelkyaitongo vs republic 2020 tzhc 4292 14 december 2020

The applicant is entitled to bail as the offences are bailable, the total value of the alleged trophies is approximately Tshs. 17,812,000, and the statutory bail conditions under Section 36(5) and (6) of the Economic and Organized Crime Control Act must be imposed.

Citation
nuhu emmanuelkyaitongo vs republic 2020 tzhc 4292 14 december 2020
Parties
Applicant: Nuhu Emmanuel @ Kyaitongo; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Bail Application (misc. Economic Crime Case Application) / Ruling on Bail Pending Trial
Outcome
Bail granted pending trial subject to conditions.
Legal Topics
Bail, Jurisdiction, Wildlife Offences, Traditional Medicine Regulation
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Wildlife Offences Traditional Medicine Regulation

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Parties

Nuhu Emmanuel @ Kyaitongo

Applicant

Republic

Respondent

Procedural Posture

Bail Application (misc. Economic Crime Case Application) / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for economic offences
  2. 2 Whether the District Court has jurisdiction to grant bail in this matter
  3. 3 What are the appropriate bail conditions under the law

Ratio Decidendi

The applicant is entitled to bail as the offences are bailable, the total value of the alleged trophies is approximately Tshs. 17,812,000, and the statutory bail conditions under Section 36(5) and (6) of the Economic and Organized Crime Control Act must be imposed.

Court Disposition

Bail granted pending trial subject to conditions.

Orders

  • Applicant to deposit cash or immovable property equivalent to Tshs. 8,900,000; if immovable property, must provide title deed and government valuation report.
  • Applicant to surrender passport or travel documents to District Crimes Officer, Muleba District.