20161219 TZHC Dar es Salaam1

20161219 TZHC Dar es Salaam1

The High Court has jurisdiction to grant bail in this matter as the value involved exceeds ten million shillings. The offences are bailable, there is no objection from the prosecution, and no legal provision prohibits bail. Bail is granted subject to statutory conditions, including deposit of cash or property equivalent to half the value involved and provision of reliable sureties.

Citation
20161219 TZHC Dar es Salaam1
Parties
Applicant: Rogers Donald Mahala; Applicant: Badwin Wolfram Kunde @Tito; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2016
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
bail granted
Legal Topics
Bail, Jurisdiction, Economic and Organized Crime, Bail Conditions
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Economic and Organized Crime Bail Conditions

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Parties

Rogers Donald Mahala

Applicant

Badwin Wolfram Kunde @Tito

Applicant

Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant bail in economic crimes where the value exceeds ten million shillings
  2. 2 Whether the applicants are entitled to bail and under what conditions

Ratio Decidendi

The High Court has jurisdiction to grant bail in this matter as the value involved exceeds ten million shillings. The offences are bailable, there is no objection from the prosecution, and no legal provision prohibits bail. Bail is granted subject to statutory conditions, including deposit of cash or property equivalent to half the value involved and provision of reliable sureties.

Court Disposition

bail granted

Orders

  • Each applicant to deposit cash or property worth Tshs. 2,971,000/-
  • Each applicant to produce two reliable sureties, each to execute a bond of Tshs. 5,000,000/-, one of whom must be a government employee