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Citation
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Judgment date
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| December 2017 |
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A valid DPP Certificate under s.36(2) EOCCA bars bail; "pending trial" includes pre-trial stages, so bail application dismissed.
* Criminal procedure – Economic and Organized Crimes Act s.36(2) – DPP Certificate barring bail – validity and requirements.
* Interpretation of "pending trial" – Li Ling Ling interpretation includes arrest and committal stages; Certificate can be lodged pre-trial.
* Procedural form – s.36(3) prescribes duration but need not be cited as enabling provision.
* Disclosure – DPP not required to specify nature of threatened prejudice to safety or public interest.
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7 December 2017 |
| November 2017 |
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A valid DPP certificate under s36(2) bars courts from granting bail pending trial when conditions are met.
* Economic and Organized Crimes Control Act s36(2) – DPP certificate barring bail; Criminal Procedure Act s148(4).
* Validity requirements for DPP certificate (written; safety/interests prejudice; relates to pending trial or appeal) – per Li Ling Ling and Dirie.
* Prematurity challenge of certificate – certificate may be valid before plea if case is pending trial.
* Bail – court bound not to grant bail where valid DPP certificate exists.
* Constitutionality challenge – issue for constitutional forum; DPP not required to disclose nature of claimed interest.
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20 November 2017 |
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High Court grants bail for an economic offence subject to statutory financial and surety conditions despite minor citation errors.
Corruption & Economic Crimes Division — Bail for economic offences; value threshold (TShs.10,000,000+) — statutory special conditions (deposit half value or approved immovable property; two sureties; surrender travel documents) — substantial justice over technical citation errors — High Court jurisdiction to hear EOCCA bail applications.
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16 November 2017 |
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Applicants charged with trafficking 27.09 kg cannabis granted bail with stringent conditions; citation omission not fatal.
* Criminal procedure – Bail – Trafficking in narcotic drugs – Quantity-driven bailability under s.29(1) Drugs Control and Enforcement Act – Conditions for grant of bail (bonds, sureties, surrender of travel documents, territorial restriction, court attendance).
* Jurisdictional citation – Failure to cite amending Act No.3/2016 improper but not fatal to application.
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6 November 2017 |
| October 2017 |
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Applicant failed to show sufficient cause or act expeditiously; application for extension of time to appeal dismissed.
* Criminal procedure – extension of time to appeal – section 361(2) CPA – requirement of sufficient/good cause and expeditiousness.
* Procedural compliance – notice of appeal – effect of notices filed within prescribed time.
* Prison authorities’ assistance – absence of evidence that prison officers refused help not a ground for extension.
* Alleged illegality – petition of appeal must disclose substantive illegality to justify extension of time.
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18 October 2017 |
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The Corruption and Economic Crimes Division has jurisdiction to hear s.29(4)(d) bail applications; speculative affidavit paragraphs expunged.
Corruption and Economic Crimes Division – Jurisdiction under s.29(4)(d) EOCCA post-2016 amendment; statutory and purposive interpretation to cure legislative anomaly; preliminary objections – point of law; affidavits – limits on advocates swearing evidence, expungement of speculative paragraphs.
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11 October 2017 |
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Applicants granted bail under EOCCA; court declined to consider merits and imposed stringent security and reporting conditions.
* Criminal procedure – Bail – EOCCA ss. 29(4)(d), 36(1) – entitlement to bail in economic crime matters; refusal to adjudicate merits at bail stage; imposition of substantial monetary security, sureties, passport surrender, reporting requirements and verification by lower court.
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6 October 2017 |
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Court varied bail by increasing deposit and adjusting surety requirements due to addition of accused and sharing principle.
* Criminal procedure – Bail – Variation of bail conditions where additional accused are joined – Application of the principle of sharing in fixing quantum of security. * Bail sureties – Requirement of two reliable sureties and bond amounts; one surety to be a public servant.
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6 October 2017 |
| September 2017 |
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Court expunged defective affidavit paragraphs for extraneous matters and allowed the applicant’s application to proceed on merits.
* Procedure – Preliminary objection – when objection to competency of an affidavit raises a point of law and may be entertained. * Evidence/Affidavits – content limits: affidavits must state facts within deponent’s knowledge or information from specified sources; must not contain legal argument, conclusions or speculative opinion. * Affidavits – hearsay and anonymous sources; requirement to specify source when deposing on information. * Remedy – expunction of defective paragraphs where defects are inconsequential; defective verification may be academic after expunction.
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26 September 2017 |
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High Court granted bail in economic offences, imposing deposit, sureties, abode proof, travel surrender and reporting conditions.
Criminal procedure – Bail in economic offences – Jurisdiction of Corruption and Economic Crimes Division under EOCCA s.29(4)(d) and s.36(1); bail as a right for bailable offences; considerations where accused is a foreign national and lacks evidence of fixed abode; conditions for bail under EOCCA s.36(5)–(6) including monetary deposit, sureties, surrender of travel documents, and reporting requirements.
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18 September 2017 |
| August 2017 |
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A valid DPP certificate under s36(2) EOCCA bars bail; bail court cannot probe charge particulars when not the trial forum.
DPP certificate (s36(2) EOCCA) — validity requirements (written; safety/interest prejudice; relates to pending criminal proceedings) — effect: bars grant of bail; High Court’s limited role in bail proceedings — cannot go into charge-sheet correctness where not trial court; allegations of abuse do not displace a valid certificate in bail application.
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18 August 2017 |
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High Court found itself functus officio and struck out fresh bail application where DPP's valid certificate previously barred bail.
Bail — DPP certificate under section 36(2) EOCCA — validity of certificate — effect of a valid DPP certificate barring bail — functus officio — finality of earlier High Court rulings — remedy by appeal to Court of Appeal.
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17 August 2017 |
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Wrong statutory citation and defective jurats rendered the bail application incompetent and it was struck out.
* Criminal procedure – bail application – wrong citation of enabling provision – incompetence of application. * Oaths and affidavits – jurat must state whether deponent personally known or introduced to Commissioner for Oaths – failure fatal. * Amendment after a substantive preliminary objection – not permitted to circumvent objection. * Affidavit formalities – date issue considered but not fatal where date appears.
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10 August 2017 |
| July 2017 |
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Citing an irrelevant statute does not defeat a bail application if the proper EOCCA provision is cited; bail granted with conditions.
* Criminal procedure – Bail – Economic and Organized Crime Control Act (EOCCA) – section 29(4)(d) and section 36(5)(a) – lawful bail conditions including cash/property deposit and bond (Written Laws Misc. Amend. Act No.3 of 2016).
* Procedural law – Effect of citing inapplicable statutes – superfluous citation harmless where proper enabling provision is cited and no prejudice shown.
* Co-accused – sharing of financial burden for bail – application of principle of sharing.
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5 July 2017 |
| June 2017 |
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A valid DPP certificate under s.36(2) ECOCCA prevents grant of bail until the DPP withdraws it.
* Criminal procedure – Bail – Effect of DPP certificate under s.36(2) ECOCCA – A valid certificate by the DPP precludes grant of bail until withdrawn. * Constitutional law – Article 107A does not empower court to ignore valid statutory DPP certificate. * Statutory interpretation – Similarity to s.148(4) CPA does not automatically render s.36(2) ECOCCA unconstitutional. * Validity test for DPP certificate – Written certification that safety/interests of the Republic likely to be prejudiced and relation to subordinate court proceedings (Ally Nur Dirie/Li Ling Ling authorities).
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8 June 2017 |
| May 2017 |
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A valid DPP certificate under s.36(2) ECOCCA precludes the court from granting bail to the applicant.
* Criminal procedure – bail pending trial – DPP certificate under s.36(2) ECOCCA – effect of valid certificate prevents grant of bail. * Procedural requirements – DPP certificate is a standalone document; court stamp and original seal suffice. * Constitutional challenge – invalidity of similar provision in another statute (s.148(4) CPA) does not automatically negate s.36(2); Court of Appeal authority is binding.
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17 May 2017 |
| April 2017 |
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Preliminary objection to the affidavit rejected, but a valid DPP certificate prevents granting bail while it stands.
* Criminal procedure – bail – DPP certificate under s.36(2) Economic and Organized Crimes Control Act – validity test (in writing; safety/interests likely prejudiced; relates to pending criminal case) – effect of certificate on court’s power to grant bail. * Affidavits – whether paragraphs constitute impermissible legal argument/conclusion or admissible factual statements and undertakings.
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27 April 2017 |
| March 2017 |
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Applicant charged with unlawful possession of high‑value elephant tusks granted bail subject to financial and reporting conditions.
Bail — statutory right — jurisdiction under S.29(4)(d) EOCCA where subject matter exceeds TShs.10,000,000 — unlawful possession of government trophies (elephant tusks) — presumption of innocence — conditions for bail: financial security, reliable sureties (one public servant), surrender of travel documents, reporting and verification.
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14 March 2017 |