rashid mohamed mbedule others vs republic 2018 tzhcced 34 4 july 2018

rashid mohamed mbedule others vs republic 2018 tzhcced 34 4 july 2018

Failure to cite both section 29(4)(d) and section 36(1) of the EOCCA in a bail application for economic offences renders the application incompetent and incapable of properly moving the court, warranting its being struck out.

Citation
rashid mohamed mbedule others vs republic 2018 tzhcced 34 4 july 2018
Parties
Applicant: Rashid Mohamed Mbedule; Applicant: Keneth M Gwama; Applicant: Paul Liho; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 July 2018
Procedural Posture
Miscellaneous Economic Cause / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Bail Application, Non Citation of Statutory Provisions, Procedural Compliance, Affidavit Endorsement
Source Language
English
Criminal Law Economic Crimes Bail Application Non Citation of Statutory Provisions Procedural Compliance Affidavit Endorsement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Rashid Mohamed Mbedule

Applicant

Keneth M Gwama

Applicant

Paul Liho

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Economic Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to endorse chamber summons and affidavit renders the application incompetent under section 44(2) of the Advocates Act
  2. 2 Whether failure to cite section 36(1) of the EOCCA in addition to section 29(4)(d) renders the application incompetent
  3. 3 Whether improper titling of the application contravenes Rule 6 of the Economic and Organized Crimes Control (The Corruption and Economic Crime Division) (Procedure) Rules 2016

Ratio Decidendi

Failure to cite both section 29(4)(d) and section 36(1) of the EOCCA in a bail application for economic offences renders the application incompetent and incapable of properly moving the court, warranting its being struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out for failure to properly move the court by not citing both section 29(4)(d) and section 36(1) of the EOCCA