Does the Company Have the Ability to Ask or Request for Bail

Abstract

I have been thinking hard on the concept of corporate personality of the company. And also how well recognized the company law is in Tanzania at large, and multifaceted subject which stretched quickly in dimensions in this modern time. Suddenly something came up in my mind about several abilities of the company which are resulted by the aspect of corporate personality of the company such as the right to sue, the right to own property, the right to succession, the right to be sued and other right incorporated within the corporate personality of the company. All of these rights gives or endows the company characters of human being (artificial characters). Then I look to another concept of bail and came with another idea, that if the company is treated as an artificial person and if the law allows any person who is related to the accused person may apply for the conditional release (means bail) from the custody of the accused person, can the company ask for the said conditional release? Or It is the matter of law and practice that, any person who is related to the accused person may apply for the conditional release from the custody of the accused person. The question is, if corporate or a company is artificial person, means legal personality as per section 4 of Interpretation of the Law Act, Cap.1, R.E. 2002, can such corporate apply for such conditional release? Or can such corporate act as surety as per Criminal Procedure Act (Cap 20 R.E 2002) or Cap.212? This paper entails on the possibility of the company to ask for a conditional release of the accused person in which it relate with, by looking at the Tanzanian Company’s law Cap.212, and other jurisdictions. It involves three parts, the first part entail an introduction to company, the second entails an introduction to Bail and the last part entails the possibility of the company to ask for a conditional release (bail) of the accused person to which it relates with.