byarugaba tryphone another vs republic 2018 tzhc 2400 31 may 2018

byarugaba tryphone another vs republic 2018 tzhc 2400 31 may 2018

The affidavit was defective for lack of a proper verification clause and inclusion of hearsay, contrary to legal requirements, rendering the entire application incompetent and necessitating its being struck out.

Citation
byarugaba tryphone another vs republic 2018 tzhc 2400 31 may 2018
Parties
Applicant: Byarugaba Tryphone; Applicant: Rweyombiza Tryphone; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2018
Procedural Posture
Criminal Application / Ruling on Preliminary Objections
Outcome
Application struck out for want of competent affidavit.
Legal Topics
Affidavit Defects, Verification of Affidavits, Hearsay in Affidavits, Extension of Time
Source Language
English
Criminal Law Civil Procedure Affidavit Defects Verification of Affidavits Hearsay in Affidavits Extension of Time

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Parties

Byarugaba Tryphone

Applicant

Rweyombiza Tryphone

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit supporting the application was properly verified
  2. 2 Whether the affidavit contained inadmissible hearsay rendering it defective

Ratio Decidendi

The affidavit was defective for lack of a proper verification clause and inclusion of hearsay, contrary to legal requirements, rendering the entire application incompetent and necessitating its being struck out.

Court Disposition

Application struck out for want of competent affidavit.

Orders

  • Application struck out.
  • Applicants may bring a fresh application if desired.