Final ruling BATHLOMEO MARCO VS

Final ruling BATHLOMEO MARCO VS

Failure to date the affidavit is a procedural defect, not a substantive one, and the proper remedy is to allow the applicant to amend the affidavit by inserting the dates rather than striking out the application.

Citation
Final ruling BATHLOMEO MARCO VS
Parties
Applicant: Bathelemomeo Marco; Respondent: Hemed Shoki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Outcome
preliminary objection sustained to the extent of allowing amendment
Legal Topics
Affidavit Defects, Extension of Time, Preliminary Objection
Source Language
English
Criminal Procedure Civil Procedure Affidavit Defects Extension of Time Preliminary Objection

Case Brief

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Parties

Bathelemomeo Marco

Applicant

Hemed Shoki

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to date the affidavit renders it fatally defective
  2. 2 Whether the preliminary objection is valid in law

Ratio Decidendi

Failure to date the affidavit is a procedural defect, not a substantive one, and the proper remedy is to allow the applicant to amend the affidavit by inserting the dates rather than striking out the application.

Court Disposition

preliminary objection sustained to the extent of allowing amendment

Orders

  • Applicant given fourteen days to insert dates on the affidavit
  • No order as to costs