david matiku vs republic 2017 tzca 402 2 march 2017
The application was struck out because the supporting affidavit lacked the deponent's signature, making it incurably defective and rendering the application incompetent.
- Citation
- david matiku vs republic 2017 tzca 402 2 march 2017
- Parties
- Applicant: David Matiku; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 March 2017
- Procedural Posture
- Criminal Application for Review / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent
- Legal Topics
- Affidavit Defects, Jurisdiction, Application for Review, Striking Out Incompetent Applications
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Parties
David Matiku
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for review is competent where the supporting affidavit lacks the deponent's signature
- 2 Whether an incompetent application can be withdrawn or must be struck out
Ratio Decidendi
The application was struck out because the supporting affidavit lacked the deponent's signature, making it incurably defective and rendering the application incompetent.
Court Disposition
Application struck out as incompetent
Orders
- The application is hereby struck out.
Full Case Text
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