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High Court Corruption and Economic Crimes Division - 2018 February

2 judgments
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2 judgments
February 2018
Emmanuel George Munisi & Another vs Republic (Misc. Economic Case 5 of 2018) [2018] TZHCCED 4 (28 February 2018)
Statutory 30‑litre precursor‑chemical threshold bars bail; High Court must dismiss the bail application.
  • Civil procedure
    • — no ambiguity warranting favourable construction at bail stage
    • — Statutory interpretation
  • Criminal procedure — Bail
  • Jurisdiction — Corruption and Economic Crimes Division is the court referenced by s.29(1) and therefore bound by its bail prohibition. Evidentiary issues (whether a substance is a precursor) are for trial, not bail proceedings
28 February 2018
Antonia Zakaria Wambura & Another vs Republic (Misc. Economic Case 1 of 2018) [2018] TZHCCED 9 (26 February 2018)
A DPP certificate under section 36(2) EOCCA cannot automatically bar judicial consideration of a bail application.
  • Criminal procedure — Bail
    • — DPP certificate
      • — Parimateria with s148(4) CPA
    • — Mtobesya’s ruling
      • — Prosecutorial duties
    • — Timing and reasons for certificate
      • — Judicial jurisdiction to hear bail applications
26 February 2018