20160909 TZHC Arusha
Application marked withdrawn with leave to refile as both parties consented and applicant identified errors affecting the application.
Source-derived case information.
- Citation
- 20160909 TZHC Arusha
- Parties
- Applicant: Antony Toyota Ndege; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 September 2016
- Procedural Posture
- Misc. Criminal Application / Withdrawal Before Determination
- Outcome
- Application withdrawn with leave to refile
- Legal Topics
- Restoration of Property, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antony Toyota Ndege
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Withdrawal Before Determination
Legal Issues
- 1 Whether the applicant is entitled to restoration of the pistol
- 2 Whether the application should be withdrawn with leave to refile
Ratio Decidendi
Application marked withdrawn with leave to refile as both parties consented and applicant identified errors affecting the application.
Court Disposition
Application withdrawn with leave to refile
Orders
- Application marked withdrawn with leave to refile
Full Case Text
Judgment text and source record
1 paragraphs
, :t 1 ,_, .. .' ' r : :- . ':;,'•~ IN THE HIGH COURT OF TtE UNITED REPUBLIC OF TANZANIA \.{ IN THE DISTRICT REGISTRY • AT ARUSHA MISC. CRIMINAL APPLICATION NO. 36 OF 2016 (C/F High Court Criminal Sessions Case No. 36 of 2009) ANTONY TOYOTA NDEGE .............................. APPLICANT VERSUS THE REPUBLIC .......................................... RESPONDENT I RULING S.M. MAGHIMBI, l The applicant, Antony Toyota Ndege has preferred this application under I the provisions of Section 357 (a) of the Criminal Procedure Act, Cap. 20 R.E. 2002. His prayers were that. 1. The pistol with Reg. No. A.097379 make Brown, now in the custody of Babati police Station-Manyara be restored to the applicant the I Legal and lawful owner of the said pistol. 2. Any other relief(s) that this Honourable court may deem fit and just to grant. The application was supported by an affidavit of the applicant dated 22 nd day of July, 2016. By an order of the court dated 16th August, 2016, the I application was disposed by , way of written submissions. In his submissions to support the application, the applicant submitted that in the course of preparing his submissions, he noticed that there were some 1 r ' typing errors/omission in his application that will probably affect the fate ot·I this application. He hence prayed /to withdraw the application with a leave 1 : I to re-file. i ' . I In reply, the respondent, the Director of Public Prosecutions had nd objection to the prayer of lithdrawal and the leave to nefileJ Consequently, this application is h~reby marked withdrawn with a leave ttj refile. Dated at Arusha this 09th day of September, 2016 ! ~ HIMBI JUDGE 09/09/2016 I I i Court: Ruling is delivered in Cqurt in the presence of the applicant ih person, and Ms. Violeth David, ilearned State Attorney representing thb ! I • I th I respondent this 09 day of Septelillber, 2016 ' ~) "I I AGHIMBI I iJUDGE I I 09:/09/2016 2