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Tanzania Case Law

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Criminal law ramadhani mussa hamis ukwaju vs republic 2017 tzhcced 8 17 may 2017

ramadhani mussa hamis ukwaju vs republic 2017 tzhcced 8 17 may 2017

Once a valid certificate by the DPP is filed under Section 36(2) of the Economic and Organized Crimes Control Act, the court is precluded from granting bail, regardless of alleged procedural defects in related affidavits or arguments regarding constitutionality, unless and until the relevant statutory provision is declared unconstitutional by a competent constitutional court.

  • Bail pending trial
  • Validity of dpp certificate
  • Constitutionality of bail denial
  • Procedural defects in affidavits
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Criminal law ramadhani mussa hamis ukwaju vs republic 2017 tzhc 2265 17 may 2017

ramadhani mussa hamis ukwaju vs republic 2017 tzhc 2265 17 may 2017

The DPP's certificate was validly filed in accordance with Section 36(2) of the Economic and Organized Crimes Control Act. The certificate is a stand-alone document and does not depend on the counter-affidavit or other pleadings. Once such a certificate is filed, the court is precluded from granting bail, regardless of alleged procedural defects or constitutional arguments, as the court is bound by the Court of Appeal's interpretation and cannot declare the provision unconstitutional in this forum.

  • Bail pending trial
  • Validity of dpp certificate
  • Constitutionality of bail denial
  • Procedural defects in affidavits
Read case analysis

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