20161229 TZHC Dar es Salaam 1

20161229 TZHC Dar es Salaam 1

The requirement to file by Chamber Summons under section 392A of the CPA does not apply to applications under the Economic and Organized Crimes Control Act, which is silent on the procedure. The procedural defect is curable by amendment. The offence is bailable and the application is not contested; bail is granted subject to conditions.

Citation
20161229 TZHC Dar es Salaam 1
Parties
Applicant: Rajesh Tumuluri; Applicant: Shanmuga Rajesh Waran; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 December 2016
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objection and Bail Application
Outcome
Application granted with conditions
Legal Topics
Bail, Procedure for Criminal Applications, Wildlife Offences
Source Language
English
Criminal Law Economic Crimes Bail Procedure for Criminal Applications Wildlife Offences

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Parties

Rajesh Tumuluri

Applicant

Shanmuga Rajesh Waran

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objection and Bail Application

Legal Issues

  1. 1 Whether the application is incompetent for being filed as a Chamber Application instead of Chamber Summons
  2. 2 Whether the applicants are entitled to bail under the Economic and Organized Crimes Control Act

Ratio Decidendi

The requirement to file by Chamber Summons under section 392A of the CPA does not apply to applications under the Economic and Organized Crimes Control Act, which is silent on the procedure. The procedural defect is curable by amendment. The offence is bailable and the application is not contested; bail is granted subject to conditions.

Court Disposition

Application granted with conditions

Orders

  • Application to be amended by handwritten notation to indicate Chamber Summons instead of Chamber Application in all records.
  • Each applicant to deposit Tshs. 8,100,000/= cash with the court.