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Citation
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Judgment date
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| July 2018 |
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Applicants charged with unlawful possession of government trophy granted bail subject to substantial deposit, sureties, and reporting conditions.
Bail – economic crime – unlawful possession of government trophy – High Court jurisdiction where property value exceeds Tshs.10,000,000; presumption of innocence; bail properly granted where State does not object; conditions: substantial cash deposit or approved immovable property, two sureties, reporting and jurisdictional restrictions.
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17 July 2018 |
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High Court cannot vary Court of Appeal custody order; defective summons and affidavit rendered bail application incompetent.
Criminal procedure – bail pending retrial – effect of superior court order directing continued custody; Civil procedure – competency of chamber summons – requirement for proper signature by Deputy Registrar; Evidence/Oaths – affidavit verification must be dated and jurat must comply with Oaths and Statutory Declarations Act; Court naming – incorrect citation non-fatal but should be correct.
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17 July 2018 |
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Bail granted for alleged unlawful possession of government trophy subject to cash/immovable security, sureties and reporting conditions.
Criminal procedure – Bail – Applicants charged with unlawful possession of government trophy – Bail granted where prosecution does not object and no facts justify denial; conditions imposed to secure attendance and protect public interest. Statutory basis – Economic and Organized Crime Control Act (s.29(4)(d), s.36(1)) – appropriate grounds for bail applications. Constitutional citation – Article 13(b) unnecessary in bail applications under the Act.
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17 July 2018 |
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The applicant charged with unlawful possession of government trophy was granted bail subject to half‑value deposit, sureties and reporting conditions.
Criminal procedure – Bail – Economic and Organized Crime Control Act (Cap.200) – Sections 29(4)(d) and 36(1) – Bail granted for unlawful possession of government trophy subject to conditions including half‑value cash deposit or immovable property, sureties and reporting requirements. Procedural law – Omission to cite amending Act No.3 of 2016 does not render bail application incompetent.
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16 July 2018 |
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Applicants charged with unlawful possession/dealing in Government trophy granted bail subject to cash/immovable security, sureties, reporting and travel conditions.
Criminal procedure – Bail – Applicants charged with unlawful possession and dealing in Government trophy – Offences held bailable; bail granted with conditions. Constitutional law – Presumption of innocence – continued detention amounts to punishment before conviction. Procedural – Failure to cite amending Act No. 3/2016 to Cap. 200 does not necessarily vitiate bail application absent prejudice. Bail conditions – cash deposit or immovable property, sureties, reporting requirements, travel restrictions, and magistrate’s approval of sureties.
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16 July 2018 |
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Bail granted for unlawful possession of government trophy subject to a half-value deposit or equivalent property security and strict conditions.
Criminal procedure – Bail – Application under EOCCA ss.29(4)(d) and 36(1) – Whether bail should be granted for unlawful possession of government trophy; appropriate conditions including cash deposit or immovable property security, local sureties, jurisdictional restriction, and periodic reporting.
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16 July 2018 |
| June 2018 |
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Convictions quashed where visual identification was unsafe and co-accused statements were unreliable or improperly admitted.
Criminal law – visual identification – necessity for ‘watertight’ identification: light, duration, distance, prior knowledge; Admissibility of cautioned and extra-judicial statements – proper identification of maker, signature/fingerprint and connection to accused; Confessions by co-accused – section 33 Evidence Act limits and requirement that confession incriminate the confessor; Conviction requires proof beyond reasonable doubt; Dock identification and identification parade irregularities.
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28 June 2018 |
| April 2018 |
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Court granted bail to applicants charged with damaging telecommunication property, imposing security, surety and reporting conditions.
Bail — Economic crimes — Whether offences bailable — Appropriate bail conditions where alleged stolen/damaged property is high-value — Cash deposit or immovable property title as security — Sureties and reporting conditions — Reliance on section 29(4)(d) and section 36(1) of the Act.
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5 April 2018 |
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Applicant charged with economic offences granted bail with half-value deposit or immovable property and supervisory conditions.
Criminal procedure – Bail under Economic and Organized Crime Control Act (EOCCA) – Sections 29(4)(d), 36(1) and 36(5)(a) – Bailable offences – Monetary security proportionate to value of alleged stolen property – Sureties, reporting and travel restrictions.
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5 April 2018 |
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Applicant charged with unlawful possession of Government trophy granted bail subject to cash/title security, sureties, reporting and travel restrictions.
Bail — Unlawful possession of Government trophy (elephant tail) — Offence bailable — Application under S.29(4)(d) and S.36(1) E&OCCA and Article 13(6)(b) Constitution — Bail granted subject to cash deposit or immovable property security, two local sureties, reporting and travel restrictions.
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5 April 2018 |
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Court granted bail under EOCCA with substantial cash/immovable security, sureties, regional restriction and reporting.
Criminal procedure – Bail under the Economic and Organized Crime Control Act – applicability of sections 29(4)(d) and 36(1) – bailability of offences involving government trophies. Bail conditions – high-value property – cash deposit or immovable property as security; requirement of local sureties and bonds; travel restriction and periodic reporting. Constitutional citation – Article 13(6)(b) unnecessary where specific statutory bail provisions apply.
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5 April 2018 |
| January 2018 |
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Applicant granted bail pending trial under EOCCA with financial security, approved sureties, travel and reporting conditions.
Bail – Economic and Organized Crimes Control Act – jurisdiction to hear bail application despite omission of amending Act citation – omission not fatal. Bail conditions – deposit equal to half alleged loss or approved immovable property; two approved sureties; surrender of passport; reporting; travel restriction within district. Bail as constitutional right absent legal prohibition.
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16 January 2018 |