20170420 TZCA Dar es Salaam 1
The application is incompetent due to wrong citation and non-citation of enabling provisions; the only remedy is to strike it out.
- Citation
- 20170420 TZCA Dar es Salaam 1
- Parties
- Applicant: Richard Mtoleza; Applicant: Gastol Mtolela; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 April 2017
- Procedural Posture
- Miscellaneous Economic Cause / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Bail Application, Jurisdiction, Preliminary Objection, Wrong 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 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Richard Mtoleza
Applicant
Gastol Mtolela
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Economic Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for bail is competent before the court
- 2 Whether wrong citation or non-citation of enabling provision renders the application incompetent
Ratio Decidendi
The application is incompetent due to wrong citation and non-citation of enabling provisions; the only remedy is to strike it out.
Court Disposition
application struck out
Orders
- application struck out as incompetent
Full Case Text
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