emmanuel lyabonga another vs republic 2017 tzhcced 5 10 august 2017
Application is incompetent due to wrong citation of enabling provision and defective affidavits; preliminary objection sustained and application struck out.
- Citation
- emmanuel lyabonga another vs republic 2017 tzhcced 5 10 august 2017
- Parties
- Applicant: Emmanuel s/o Lyabonga; Applicant: Thomas Mhumba; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 August 2017
- Procedural Posture
- Bail Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Bail Application, Wrong Citation of Enabling Provision, Defective Affidavits, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel s/o Lyabonga
Applicant
Thomas Mhumba
Applicant
The Republic
Respondent
Procedural Posture
Bail Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is fatally defective for failure to properly cite enabling provisions
- 2 Whether the affidavits are defective for failure of Commissioner for Oaths to specify knowledge of deponents
- 3 Whether the affidavits are defective for not being dated
Ratio Decidendi
Application is incompetent due to wrong citation of enabling provision and defective affidavits; preliminary objection sustained and application struck out.
Court Disposition
application struck out
Orders
- Application struck out for incompetence due to sustained preliminary objection.
Full Case Text
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