High Court Corruption and Economic Crimes Division - 2017 September

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2 judgments

Citation	Judgment date
September 2017
Harbinder Singh Sethi vs Republic (Misc. Economic Cause No. 29 of 2017) [2017] TZHCCED 3 (26 September 2017) 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.	26 September 2017
Edwin Gusongoirye & Another vs Republic (Misc. Economic Cause No. 28 of 2017) [2017] TZHCCED 13 (18 September 2017) 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.	18 September 2017