Tanzania Case Law

MASHALA

Court

TANZLII

The applicants are entitled to bail as the offences charged are bailable, the amount involved exceeds the subordinate court's jurisdiction, and there are no compelling reasons to deny bail. The court is empowered to grant bail to all eligible accused, including those who did not formally apply, to ensure parity and avoid conflicting decisions. Bail is granted subject to strict statutory and court-imposed conditions.

Source excerpt

• Bail
• Economic and organised crime
• Jurisdiction
• Presumption of innocence
• Equality before the law

Read case analysis

emmanuel chacha keryoba others vs republic 2023 tzca 17823 10 november 2023

Court

TZCA

Court of Appeal quashed convictions after finding the DPP consent for EOCCA prosecution was invalid, rendering the trial and appellate proceedings null.

• Jurisdiction
• Economic and organised crime
• Consent of dpp
• Invalid proceedings
• Evidence admissibility
• Criminal-appeal

Read case analysis

lukas hamis paulo and others vs republic 2020 tzhc 774 1 april 2020

Court

TZHC

The High Court struck out a bail application after finding the supporting affidavit defective and incompetent because it was sworn by counsel and misstated the pending court.

• Bail
• Affidavit defects
• Preliminary objections
• Economic and organised crime
• Affidavit-defects
• Preliminary-objections

Read case analysis

20140523 TZHC Dar es Salaam

Court

TZHC

The High Court granted bail to two applicants in an economic crime matter, setting bond, surety, passport-surrender, and no-travel conditions.

• Bail
• Constitutionality of statutes
• Economic and organised crime
• Electronic and postal communications
• Economic-crimes
• Criminal-procedure

Read case analysis

malimi maduhu nindwa vs the republic 2012 tzhc 57 2 august 2012

Court

TZHC

The High Court held that failure to properly arraign the accused and take plea on all counts rendered the criminal trial a nullity. Convictions and sentences were quashed.

• Arraignment
• Plea taking
• Nullity of proceedings
• Wildlife offences
• Economic and organised crime
• Plea-taking

Read case analysis

matthew daniel susuma another vs republic 2007 tzhc 129 6 december 2007

Court

TZHC

Bail is granted as the offence is bailable, and fairness requires the cash deposit to be apportioned among jointly charged accused persons rather than requiring each to deposit the full amount.

Source excerpt

• Bail
• Economic and organised crime
• Property offences

Read case analysis

stewart kimambo so kimambo others vs republic 2007 tzhc 324 6 november 2007

Court

TZHC

The High Court granted bail to five jointly charged applicants, holding that the statutory cash deposit should be divided equally among them for fairness.

• Bail
• Economic and organised crime
• Statutory interpretation
• Economic-crime
• Statutory-interpretation
• Criminal-procedure

Read case analysis

NA TZHC Dar es Salaam5 1

Court

TZHC

The court has no discretion to grant bail for offences falling within section 35(3) of the Economic and Organised Crime Control Act as amended, which includes the offences charged against the applicants.

Source excerpt

• Bail pending trial
• Judicial discretion
• Dangerous drugs offences
• Economic and organised crime

Read case analysis