pamela robert raphael vs republic 2022 tzhc 9596 25 may 2022
The High Court has jurisdiction to grant bail in economic offences even where the value of the subject matter is not stated, and the applicant is entitled to bail as the offences are bailable and there is no objection from the prosecution.
- Citation
- pamela robert raphael vs republic 2022 tzhc 9596 25 may 2022
- Parties
- Applicant: Pamela Robert @ Raphaeli; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 May 2022
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Legal Topics
- Bail, Jurisdiction, Economic Offences, Constitutional Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Pamela Robert @ Raphaeli
Applicant
The Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail when the value of the subject matter is not stated in the charge sheet
- 2 Whether the High Court has jurisdiction to grant bail in economic offences where the value is uncertain
Ratio Decidendi
The High Court has jurisdiction to grant bail in economic offences even where the value of the subject matter is not stated, and the applicant is entitled to bail as the offences are bailable and there is no objection from the prosecution.
Court Disposition
bail granted
Orders
- Applicant to sign a bond of Tsh 6,000,000
- Applicant to provide two reliable sureties, citizens and residents of the local jurisdiction, each to sign a bond of Tsh 5,000,000 or submit proof of immovable property of same value
Full Case Text
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