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.
Source excerpt
- Bail application
- Non-citation of relevant statutory provisions
- Procedural defects
- Interpretation of mandatory statutory language