20170801 TZCA Arusha

20170801 TZCA Arusha

Failure to include the name of the authority who administered the oath in the jurat of the affidavit is a mandatory defect under the amended section 8 of Cap. 12, rendering the affidavit incurably defective and the application incompetent.

Citation
20170801 TZCA Arusha
Parties
Applicant: Darusi Gidahosi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 August 2017
Procedural Posture
Criminal Application for Review / Preliminary Objection on Affidavit Defect
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Requirements, Jurisdiction, Procedural Defects
Source Language
English
Criminal Law Civil Procedure Affidavit Requirements Jurisdiction Procedural Defects

Case Brief

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Parties

Darusi Gidahosi

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Preliminary Objection on Affidavit Defect

Legal Issues

  1. 1 Whether omission of the name of the authority in the jurat of an affidavit renders the affidavit incurably defective
  2. 2 Whether the application is incompetent for lack of a proper supporting affidavit

Ratio Decidendi

Failure to include the name of the authority who administered the oath in the jurat of the affidavit is a mandatory defect under the amended section 8 of Cap. 12, rendering the affidavit incurably defective and the application incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • The application is struck out for being incompetent due to an incurably defective affidavit.