20140903 TZHC Dodoma

20140903 TZHC Dodoma

Failure to cite the relevant subsections of section 148 of the Criminal Procedure Act renders the application incompetent and incapable of moving the court; applications supported by affidavits containing false information are also incompetent.

Citation
20140903 TZHC Dodoma
Parties
Applicants: Peter S. Michael & 8 Others; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 September 2014
Procedural Posture
Misc. Criminal Application / Ruling on Bail Pending Trial
Outcome
Partial grant and partial dismissal/striking out
Legal Topics
Bail, Manslaughter, Procedural Defects
Source Language
English
Criminal Law Criminal Procedure Bail Manslaughter Procedural Defects

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Parties

Peter S. Michael & 8 Others

Applicants

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail pending trial in Criminal Sessions Case No. 4 of 2014
  2. 2 Whether failure to cite specific subsections of section 148 of the Criminal Procedure Act is fatal to the application
  3. 3 Whether applications supported by affidavits containing false information can be entertained

Ratio Decidendi

Failure to cite the relevant subsections of section 148 of the Criminal Procedure Act renders the application incompetent and incapable of moving the court; applications supported by affidavits containing false information are also incompetent.

Court Disposition

Partial grant and partial dismissal/striking out

Orders

  • Application by Robert Mwakasege is struck out for incompetence.
  • Application in respect of Vicent Saiteru Linetu, Ester Mohamed @ Fatuma Kisugu, Hamis Said, Balata Maencha Eamar, and Bisharo Mahamud @ Kunow is granted on conditions: (1) Each applicant to sign a bond of 10 million shillings; (2) Each applicant to have two reliable sureties with immovable properties, each surety to...