20161216 TZHC Dar es Salaam 1
Bail granted because applicants have fixed abode and reliable sureties, and respondent does not object.
Source-derived case information.
- Citation
- 20161216 TZHC Dar es Salaam 1
- Parties
- Applicant: Salum Athumani Kamota; Applicant: Rajabu Selemani Mwinyimkuu; Applicant: Jumanne Mbaruk Juma; Applicant: Said Abdallah Gunda @ Mzimu; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 December 2016
- Procedural Posture
- Miscellaneous Criminal Application / Bail Application Ruling
- Outcome
- bail granted
- Legal Topics
- Bail, Economic Crimes
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salum Athumani Kamota
Applicant
Rajabu Selemani Mwinyimkuu
Applicant
Jumanne Mbaruk Juma
Applicant
Said Abdallah Gunda @ Mzimu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Bail Application Ruling
Legal Issues
- 1 Whether the applicants are entitled to bail under the Economic and Organized Crimes Control Act
Ratio Decidendi
Bail granted because applicants have fixed abode and reliable sureties, and respondent does not object.
Court Disposition
bail granted
Orders
- Each applicant shall have one reliable surety and execute a bond of Shs. Twenty Million each.
- Each applicant shall produce proof of ownership of property equal to half the value of the alleged trophies.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM MISC. CRIMINAL APPLICATION NO. 157 OF 2016 (Originating from Kisutu Resident Magistrate Court at Kisutu in Economic Crime No~ 4/2016) ( SALUM ATHUMANI KAMOTA ...................... 1 ST APPLICANT RAJABU SELEMANI MWINYIMKUU ........... 2ND APPLICANT JUMANNE MBARUK JUMA ......................... 3R0 APPLICANT SAID ABDALLAH GUNDA @ MZIMU .......... 4TH APPLICANT VERSUS REPUBLIC .......... ■■ II ■■ II ■ •••••••••• ■■ II ■■■ • • • • • • • • • • • • • • • • ■ RESPONDENT Date of last Order 15/12/2016 Date of Ruling .. 16/12/2016 RULING Kitusi, J. The application for bail by the applicants Salum Athuman Kamota, Rajabu Selemani Mwinyimkuu, Jumanne Mbaruk Juma and Saidi Gunda @ Mzimu is not objected to by the respondent Republic represented by 1 / l EHzabeth Mkunde, learned State Attorney. The applicants are represented by Mr. George Masoud, learned advocate. Under paragraph 9 of the affidavit of one Sadock Msumi, in support of the application it is stated that the applicants have fixed abode and reliable sureties. Thus for the reason that the applicants have known and fixed places of abode and can produce reliable sureties, the application for bail is granted under Section 36 (5) of the Economic and Organized Crimes Control Act, Cap. 200 on the terms and conditions as hereunder: (i) Each applicant / accused shall have one reliable surety with whom they shall execute a bond of Shs. Twenty Million each. (ii) Each applicant shall produce in court proof of ownership of property equal to half the value of the alleged trophies. (iii) The applicants may not travel outside the jurisdiction of the Resident Magistrates' Court of Dar es Salaam at Kisutu without the prior permission of that court. (iv) The applicants are to report to the office of the Regional Crime· Officer Dsm on Monday of each first weeks of the month. JUDGE 16/12/2016 2