MCA 31923 OF 2024 ARTHUR MGONGO VS REPUBLIC Final

MCA 31923 OF 2024 ARTHUR MGONGO VS REPUBLIC Final

The affidavit supporting the application was sworn before the applicant's counsel, contravening section 7 of the Notary Public and Commissioners of Oaths Act, rendering the affidavit defective and the application incompetent. The preliminary objection on this ground is sustained, and the application is struck out.

Citation
MCA 31923 OF 2024 ARTHUR MGONGO VS REPUBLIC Final
Parties
Applicant: Arthur Fredrick Mgongo; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Misc. Criminal Application / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Validity, Revisionary Powers of High Court, Commissioner for Oaths Conflict, Preliminary Objections
Source Language
English
Criminal Law Civil Procedure Affidavit Validity Revisionary Powers of High Court Commissioner for Oaths Conflict Preliminary Objections

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Parties

Arthur Fredrick Mgongo

Applicant

Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit supporting the application is bad in law due to being sworn before the applicant's counsel in contravention of section 7 of the Notary Public and Commissioners of Oaths Act
  2. 2 Whether the application violates section 372 of the Criminal Procedure Act by seeking revision where there is no order, finding, or sentence from the lower court

Ratio Decidendi

The affidavit supporting the application was sworn before the applicant's counsel, contravening section 7 of the Notary Public and Commissioners of Oaths Act, rendering the affidavit defective and the application incompetent. The preliminary objection on this ground is sustained, and the application is struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out for being incompetent before the court