spedito pascal twange others vs republic 2018 tzhcced 31 4 july 2018

spedito pascal twange others vs republic 2018 tzhcced 31 4 july 2018

Failure to endorse 'drawn and filed' by applicants themselves does not contravene section 44(2) of the Advocates Act in these circumstances; the defect is curable and does not render the application incompetent.

Citation
spedito pascal twange others vs republic 2018 tzhcced 31 4 july 2018
Parties
Applicant: Spedito Pascal Twange; Applicant: Pius Joseph Bilali; Applicant: Damas Katrosi Ipelele; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 July 2018
Procedural Posture
Miscellaneous Economic Cause / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Bail Application, Procedural Defects, Endorsement Requirements
Source Language
English
Criminal Law Economic Crimes Procedure Bail Application Procedural Defects Endorsement Requirements

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Parties

Spedito Pascal Twange

Applicant

Pius Joseph Bilali

Applicant

Damas Katrosi Ipelele

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Economic Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to endorse 'drawn and filed' in chamber summons and affidavit contravenes section 44(2) of the Advocates Act
  2. 2 Whether such defect renders the application incompetent

Ratio Decidendi

Failure to endorse 'drawn and filed' by applicants themselves does not contravene section 44(2) of the Advocates Act in these circumstances; the defect is curable and does not render the application incompetent.

Court Disposition

preliminary objection overruled

Orders

  • Applicants granted leave to endorse chamber summons and affidavit where required