20170228 TZCA Mwanza
The application was struck out because the supporting affidavit lacked the deponent's signature, making it incurably defective and rendering the application incompetent.
- Citation
- 20170228 TZCA Mwanza
- Parties
- Applicant: David Matiku; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2017
- Procedural Posture
- Criminal Application / Application for Review of Court of Appeal Judgment
- Outcome
- Application struck out as incompetent
- Legal Topics
- Affidavit Defects, Review Applications, Procedural Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
David Matiku
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Review of Court of Appeal Judgment
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- 2 Whether an incompetent application can be withdrawn or must be struck out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 struck out.
Full Case Text
Judgment text and source record
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