richard mtoleza another vs republic 2017 tzhc 2260 20 april 2017

richard mtoleza another vs republic 2017 tzhc 2260 20 april 2017

The application was struck out for being incompetent due to wrong citation and non-citation of the proper enabling provision of law.

Citation
richard mtoleza another vs republic 2017 tzhc 2260 20 april 2017
Parties
Applicant: Richard Mtoleza; Applicant: Gastol Mtolela; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 April 2017
Procedural Posture
Miscellaneous Economic Cause (bail Application) / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Bail Application, Jurisdiction, Preliminary Objection, Wrong Citation of Law
Source Language
English

Case Brief

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Parties

Richard Mtoleza

Applicant

Gastol Mtolela

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Economic Cause (bail Application) / Ruling on Preliminary Objection

  1. 1 Whether the application is competent before the court due to citation of enabling provisions
  2. 2 Whether the affidavit in support is incurably defective

Ratio Decidendi

The application was struck out for being incompetent due to wrong citation and non-citation of the proper enabling provision of law.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out