willium james kashato and another vs republic 2021 tzhc 6060 27 august 2021

Statutory prohibition under section 148(5)(a)(v) of the Criminal Procedure Act prevails over constitutional right to bail; court lacks jurisdiction to grant bail for money laundering charges.

Source-derived case information.

Citation: willium james kashato and another vs republic 2021 tzhc 6060 27 august 2021
Parties: Applicant: Willium James @ Kashato; Applicant: Said Jumanne @ Mashokolo; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 August 2021
Procedural Posture: Consolidated Bail Application / Ruling on Bail Pending Trial
Outcome: application dismissed
Legal Topics: Bail, Money Laundering, Economic Crimes, False Pretense
Source Language: english

Criminal Law Constitutional Law Bail Money Laundering Economic Crimes False Pretense

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Willium James @ Kashato

Applicant

Said Jumanne @ Mashokolo

Applicant

Republic

Respondent

Procedural Posture

Consolidated Bail Application / Ruling on Bail Pending Trial

Legal Issues

1 Whether the court has jurisdiction to grant bail for money laundering charges
2 Whether constitutional right to bail overrides statutory prohibition

Ratio Decidendi

Statutory prohibition under section 148(5)(a)(v) of the Criminal Procedure Act prevails over constitutional right to bail; court lacks jurisdiction to grant bail for money laundering charges.

Court Disposition

application dismissed

Orders

application for bail is dismissed
court has no jurisdiction to grant bail for money laundering charges

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