20170330 TZCA Dar es Salaam

20170330 TZCA Dar es Salaam

The DPP's certificate objecting to bail, filed under section 36(2) of EOCCA, is valid and binding as it meets statutory requirements; typographical errors in citation of statutory provisions are curable and do not invalidate the application if no injustice is caused; the timing and manner of filing the DPP's certificate do not affect its validity.

Citation
20170330 TZCA Dar es Salaam
Parties
Applicant: Yusuf Ali Yusuf@ Shere @Mpemba; Applicant: Charles Marungo Mrutu@ Mangi Mapikipiki@ Mangi Mpare; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 March 2017
Procedural Posture
Miscellaneous Economic Cause / Ruling on Bail Application Pending Trial
Outcome
Bail application refused due to valid DPP's certificate objecting to bail.
Legal Topics
Bail, Director of Public Prosecutions Certificate, Typographical Errors in Pleadings, Statutory Interpretation
Source Language
English
Criminal Law Economic Crimes Bail Procedure Bail Director of Public Prosecutions Certificate Typographical Errors in Pleadings Statutory Interpretation

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Parties

Yusuf Ali Yusuf@ Shere @Mpemba

Applicant

Charles Marungo Mrutu@ Mangi Mapikipiki@ Mangi Mpare

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Economic Cause / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether typographical errors in citation of statutory provisions invalidate the bail application
  2. 2 Whether the Director of Public Prosecutions' certificate objecting to bail is valid and binding
  3. 3 Whether the timing and manner of filing the DPP's certificate affects its validity

Ratio Decidendi

The DPP's certificate objecting to bail, filed under section 36(2) of EOCCA, is valid and binding as it meets statutory requirements; typographical errors in citation of statutory provisions are curable and do not invalidate the application if no injustice is caused; the timing and manner of filing the DPP's certificate do not affect its validity.

Court Disposition

Bail application refused due to valid DPP's certificate objecting to bail.

Orders

  • Applicants to amend typographical errors in citation of statutory provisions.
  • Hearing adjourned to allow DPP to reconsider reasons for objecting to bail.