sgtanthony lesule vs republic 2021 tzhc 9037 23 december 2021

sgtanthony lesule vs republic 2021 tzhc 9037 23 december 2021

Since the value of the property involved in the offence is undisclosed, jurisdiction to grant bail rests with the committal court, but due to the applicant's prolonged detention, the bailable nature of the offence, and the absence of objection from the Republic, the High Court invoked its inherent powers to grant bail.

Citation
sgtanthony lesule vs republic 2021 tzhc 9037 23 december 2021
Parties
Applicant: SGT. Anthony Lesule; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2021
Procedural Posture
Misc. Criminal Application / Bail Application at High Court
Outcome
Application for bail granted
Legal Topics
Bail, Jurisdiction, Unlawful Possession of Ammunition
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Unlawful Possession of Ammunition

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Parties

SGT. Anthony Lesule

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Bail Application at High Court

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant bail when the value of property in an economic offence is not disclosed
  2. 2 Whether the applicant is entitled to bail under the circumstances

Ratio Decidendi

Since the value of the property involved in the offence is undisclosed, jurisdiction to grant bail rests with the committal court, but due to the applicant's prolonged detention, the bailable nature of the offence, and the absence of objection from the Republic, the High Court invoked its inherent powers to grant bail.

Court Disposition

Application for bail granted

Orders

  • Applicant to execute a bail bond of Tshs 1,000,000 and attend court as scheduled.
  • Applicant to provide two reliable sureties, each executing a bail bond of Tshs 500,000.