ester ndechela vs dpp 2013 tzhc 2179 20 november 2013
The application was struck out because the applicant failed to properly cite the enabling provisions of the law, rendering the court without jurisdiction to entertain the application.
- Citation
- ester ndechela vs dpp 2013 tzhc 2179 20 november 2013
- Parties
- Applicant: Ester Ndechela; Respondent: The D.P.P.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 November 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Bail Pending Hearing
- Outcome
- Application struck out as incompetent
- Legal Topics
- Bail, Jurisdiction, Affidavit Defects, Proper Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Parties
Ester Ndechela
Applicant
The D.P.P.
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bail Pending Hearing
Legal Issues
- 1 Whether the court was properly moved by correct citation of enabling provisions
- 2 Whether the supporting affidavit was defective for containing legal arguments
Ratio Decidendi
The application was struck out because the applicant failed to properly cite the enabling provisions of the law, rendering the court without jurisdiction to entertain the application.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out for improper citation of law
- Applicant at liberty to refile application for bail pending hearing
Full Case Text
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