ester ndechela vs dpp 2013 tzhc 2179 20 november 2013

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

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Parties

Ester Ndechela

Applicant

The D.P.P.

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Bail Pending Hearing

  1. 1 Whether the court was properly moved by correct citation of enabling provisions
  2. 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