ally kinanda others 2019 tzca 562 19 april 2019

ally kinanda others 2019 tzca 562 19 april 2019

The Court lacks jurisdiction to entertain an application for review that is not supported by a valid affidavit prepared in accordance with the law; the defect in the affidavit is fatal and necessitates striking out the application.

Citation
ally kinanda others 2019 tzca 562 19 april 2019
Parties
Applicant: Ally Kinanda; Applicant: Silvano Henry; Applicant: Abubakari Jambia; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 April 2019
Procedural Posture
Criminal Application / Application for Review Before Court of Appeal
Outcome
application struck out
Legal Topics
Affidavit Defects, Review Applications, Jurisdiction, Procedural Compliance
Source Language
English
Criminal Procedure Affidavit Defects Review Applications Jurisdiction Procedural Compliance

Case Brief

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Parties

Ally Kinanda

Applicant

Silvano Henry

Applicant

Abubakari Jambia

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Review Before Court of Appeal

Legal Issues

  1. 1 Whether the application for review is supported by a valid affidavit as required by law
  2. 2 Whether the Court has jurisdiction to entertain an application supported by a defective affidavit

Ratio Decidendi

The Court lacks jurisdiction to entertain an application for review that is not supported by a valid affidavit prepared in accordance with the law; the defect in the affidavit is fatal and necessitates striking out the application.

Court Disposition

application struck out

Orders

  • Application for review is struck out.