thomas francis msungu vs republic 2018 tzhcced 32 4 july 2018

thomas francis msungu vs republic 2018 tzhcced 32 4 july 2018

Failure to cite section 36(1) of EOCCA in addition to section 29(4)(d) is a fundamental defect that renders the application incompetent, as both provisions must be cited and applied together in bail applications for economic crimes. The omission to endorse the applicant's name on the documents is a curable defect in these circumstances and does not render the application incompetent.

Citation
thomas francis msungu vs republic 2018 tzhcced 32 4 july 2018
Parties
Applicant: Thomas Francis Msungu; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 July 2018
Procedural Posture
Bail Application (economic Crime) / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent.
Legal Topics
Bail Application, Non Citation of Relevant Statutory Provisions, Procedural Defects, Interpretation of Mandatory Statutory Language
Source Language
English
Criminal Law Economic Crimes Criminal Procedure Bail Application Non Citation of Relevant Statutory Provisions Procedural Defects Interpretation of Mandatory Statutory Language

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Parties

Thomas Francis Msungu

Applicant

Republic

Respondent

Procedural Posture

Bail Application (economic Crime) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to endorse applicant's name on documents renders the application incompetent under section 44(2) of the Advocates Act
  2. 2 Whether failure to cite section 36(1) of the Economic and Organized Crimes Control Act (EOCCA) in addition to section 29(4)(d) renders the application incompetent

Ratio Decidendi

Failure to cite section 36(1) of EOCCA in addition to section 29(4)(d) is a fundamental defect that renders the application incompetent, as both provisions must be cited and applied together in bail applications for economic crimes. The omission to endorse the applicant's name on the documents is a curable defect in these circumstances and does not render the application incompetent.

Court Disposition

Application struck out as incompetent.

Orders

  • The application is struck out.