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Applicants are entitled to bail as the pecuniary loss charged exceeds subordinate court jurisdiction, and bail conditions must comply with Section 36(5)(a) of EOCCA, applying the sharing principle for deposit requirements.
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The High Court acquitted four accused persons of 33 counts including forgery, uttering false documents, money laundering, organized crime and pecuniary loss.
The offences are bailable, the application is uncontested, and there is no evidence or reason to deny bail; therefore, bail is granted subject to statutory and court-imposed conditions.
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The trial judge erred by awarding general damages without evidence of the deceased's income or the extent of dependency, and failed to follow established legal principles for assessment of damages in fatal accident cases. The award was not based on proven facts or proper calculation, necessitating reduction and proper apportionment.
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