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Citation
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Judgment date
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| April 2018 |
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DPP's certificate objecting to bail upheld despite titling errors; bail refused under section 36(2)–(3) EOCCA.
* Criminal procedure – DPP certificate under section 36(2) EOCCA – competency and validity tests; effect of procedural/formal defects in titling; timing of filing and prejudice; evidential requirement for allegations of bad intent.
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12 April 2018 |
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Bail application struck out after court found DPP's s.36(2) certificate valid and operative.
* Criminal procedure – bail – DPP's s.36(2) EOCCA certificate – validity test (written; states safety/interest likely prejudiced; relates to criminal proceedings) – effect under s.36(3) – court cannot grant bail once valid certificate filed unless withdrawn or proceedings conclude. * Challenges of bad faith, delay, or requirement for detailed reasons require evidence; constitutional/parimateria challenges belong in appropriate forum.
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11 April 2018 |
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A valid DPP certificate under s.36(2) EOCCA bars bail and the court must strike out the bail application until proceedings conclude.
* Criminal procedure – DPP certificate under s.36(2) EOCCA – validity requisites (in writing; certifies prejudice to safety/interests; relates to pending proceedings) – bad faith/abuse as exception. * Statutory interpretation – in pari materia principle not applied where Court of Appeal recently declined to do so in criminal context. * Bail – effect of valid DPP certificate: court precluded from admitting accused to bail until withdrawal or conclusion of proceedings.
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10 April 2018 |
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Court granted bail to two applicants with conditions and required the foreign applicant to prove a fixed abode before bail.
* Criminal procedure – Bail – right to bail where offences are bailable – primary consideration is availability and adequate security. * Jurisdiction – High Court jurisdiction under EOCCA for committal/bail applications in economic offences. * Foreign nationals – nationality alone not determinative; absence of fixed abode relevant to risk of non‑attendance. * Evidence – affidavit evidence required; oral submissions cannot substitute replies to counter‑affidavits. * Conditions – cash/immovable security, reliable sureties, surrender of travel documents, reporting and verification obligations.
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5 April 2018 |
| March 2018 |
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A valid DPP certificate under s.36(2) EOCCA bars bail unless withdrawn or special circumstances justify override.
* Criminal procedure – Bail – Effect of Director of Public Prosecutions’ certificate under s.36(2) EOCCA – Validity tests (in writing; safety/interests of Republic; relates to pending/awaiting trial) and timing of filing. * Filing formalities – No prescribed format for DPP certificate; court stamp and official crest sufficient to show presentation. * Challenge to DPP certificate – Burden to prove bad faith, abuse of process or special circumstances to override certificate.
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15 March 2018 |
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Subsequent bail application struck out because a valid DPP certificate remained operative, so reasons for prior refusal persisted.
* Criminal procedure – Bail – Subsequent bail application – Competence of same court where earlier bail refused due to DPP certificate; * Doctrine of functus officio – applicability where matter finally determined; * Preliminary objection – point of law under Mukisa principle; * Requirement of change of circumstances or withdrawal of DPP certificate before rehearing.
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14 March 2018 |
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Verification clause naming 'applicant' instead of 'deponent' rendered affidavit incurably defective; bail application struck out.
* Civil procedure – Affidavit requirements – verification clause must be signed by the deponent and authenticate source of facts; omission of 'deponent' may render affidavit defective and incurable.
* Evidence – Jurat and verification – jurat and verification are distinct ingredients; both must properly identify the deponent.
* Civil procedure – Preliminary objection – procedural non‑compliance as a point of law to be determined before merits.
* Amendment – Verification clause defects generally not amendable where they affect authentication of facts.
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14 March 2018 |
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High Court granted bail in an economic offence matter, imposing EOCCA-prescribed financial and reporting conditions.
Economic offences — Bail — Jurisdiction under EOCCA ss.29(4)(d) & 36(1); Competency of bail application; Conditions under EOCCA ss.36(5) & (6) — deposit of half property value; sureties and bonds; surrender of travel documents; reporting obligations.
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13 March 2018 |
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Bail refused because alleged heroin amount (375.20g) exceeds statutory 20g threshold rendering the offence non-bailable.
* Criminal procedure – Bail – Drug trafficking – Section 29(1)(a) Drug Control and Enforcement Act: trafficking listed narcotics of 20 grams or more is non-bailable; evidential questions of type and weight are for trial, not bail stage.
* Evidence – Role of Government Analyst – Court will not call or require substantive proof of drug type/weight at bail as it would amount to premature trial.
* Civil procedure – Counter-affidavits – Failure to file counter-affidavit does not preclude legal opposition at hearing where matters are legal rather than factual.
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9 March 2018 |
| February 2018 |
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Statutory 30‑litre precursor‑chemical threshold bars bail; High Court must dismiss the bail application.
* Criminal procedure – Bail – Drug Control and Enforcement Act, s.29(1)(c) – statutory prohibition of bail where accused charged with precursor chemicals of 30 litres+ (liquid) or 30 kg+ (solid). * Statutory interpretation – "precursor chemical" defined as chemical used in manufacturing narcotic drugs or psychotropic substances; no ambiguity warranting favourable construction at bail stage. * 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.
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28 February 2018 |
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A DPP certificate under section 36(2) EOCCA cannot automatically bar judicial consideration of a bail application.
Criminal procedure — Bail — DPP certificate under s36(2) EOCCA — Parimateria with s148(4) CPA — Mtobesya’s ruling — Prosecutorial duties (s8 National Prosecution Services Act) — Timing and reasons for certificate — Judicial jurisdiction to hear bail applications.
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26 February 2018 |
| January 2018 |
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A valid DPP certificate under EOCCA s36(2) justifies refusal of bail; the DPP need not state reasons.
Bail — DPP certificate under EOCCA s36(2): validity requirements (written/signed; states likely prejudice to Republic; relates to pending criminal case); DPP not required to give reasons; certificate sustains refusal of bail; effect extended under s36(3).
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11 January 2018 |
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A valid DPP certificate under EOCCA s36(2) bars bail; EOCCA s36(2) remains effective and the bail application was denied.
* Criminal procedure – Bail in economic offence cases; jurisdiction where property value is >= TZS 10,000,000; EOCCA s36(1)/(2)/(3).
* DPP certificate – validity requirements: in writing, effect on safety/interests of the Republic, relates to pending proceedings (Ally Nuru Dirie; Li Ling Ling).
* Filing formalities – court stamp and issuer signature sufficient; clerk's signature not essential.
* Constitutional challenge – EOCCA s36(2) distinguishable from CPA s148(4) and not struck down by that decision.
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11 January 2018 |
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High Court granted bail in an economic crimes matter under EOCCA, imposing substantial security, sureties, reporting and travel restrictions.
Economic Crime – Bail – Jurisdiction of High Court under EOCCA sections 29(4)(d) and 36(1) – Bailability of offences – Judicial discretion in granting bail – Conditions: substantial cash/immovable security, government-employed surety, surrender of travel documents, reporting and verification.
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11 January 2018 |
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High Court granted bail in a high-value economic crimes case, imposing deposit, sureties, travel restrictions and reporting conditions.
* Economic and Organized Crime Control Act (EOCCA) – jurisdiction over bail applications where charged property value exceeds Tsh 10,000,000; * Bail – entitlement for bailable economic offences; * Bail conditions – deposit, sureties, surrender of travel documents, reporting and verification; * Presumption of innocence and ensuring accused’s attendance at trial.
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9 January 2018 |
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A valid DPP certificate under EOCCA bars grant of bail in economic crime cases pending trial.
* Economic crime — Bail — Jurisdiction under EOCCA s.29(4)(d) and s.36(1) where committal pending and amount exceeds TSh10,000,000; * Director of Public Prosecutions — Certificate under EOCCA s.36(2) — Validity test (written; states likely prejudice to safety/interests of the Republic; relates to pending criminal case) — Effect: bars grant of bail; * Requirement of reasons — DPP not obliged to provide detailed reasons in certificate; * Constitutional challenge — Proper forum required to impugn s.36(2) or DPP conduct.
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8 January 2018 |