20150316 TZCA Mwanza

20150316 TZCA Mwanza

The affidavit in support of the notice of motion was incurably defective for lacking a verification clause and the name of the magistrate in the jurat, contrary to statutory requirements, rendering the application incompetent.

Citation
20150316 TZCA Mwanza
Parties
Applicant: Paul Makaranga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 March 2015
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Defects, Review of Appellate Decisions, Preliminary Objection
Source Language
English
Criminal Law Civil Procedure Affidavit Defects Review of Appellate Decisions Preliminary Objection

Case Brief

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Parties

Paul Makaranga

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the affidavit supporting the notice of motion is incurably defective for lack of a verification clause and incomplete jurat
  2. 2 Whether the application for review is competent in the absence of a valid affidavit

Ratio Decidendi

The affidavit in support of the notice of motion was incurably defective for lacking a verification clause and the name of the magistrate in the jurat, contrary to statutory requirements, rendering the application incompetent.

Court Disposition

Application struck out

Orders

  • Preliminary objection sustained
  • Application for review struck out