director of public prosecutions vs wilfred muganyizi lwakatarev another 2016 tzca 896 12 october 2016

director of public prosecutions vs wilfred muganyizi lwakatarev another 2016 tzca 896 12 october 2016

Rules on written submissions in support of applications do not apply to criminal matters; failure to cite Rule 65(4) is not fatal in an application for extension of time; affidavit verification is sufficient if sources are disclosed; omission of date and signature after statement of facts in affidavit is a curable irregularity, not fatal.

Citation
director of public prosecutions vs wilfred muganyizi lwakatarev another 2016 tzca 896 12 october 2016
Parties
Applicant: Director of Public Prosecutions; 1st Respondent: Wilfred Muganyizi Lwakatare; 2nd Respondent: Ludovick Rwezaura Joseph
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2016
Procedural Posture
Criminal Application / Ruling on Preliminary Objections in Application for Extension of Time
Outcome
Preliminary objections dismissed except for the fifth, which is partly upheld; applicant ordered to amend affidavit.
Legal Topics
Extension of Time, Affidavit Requirements, Preliminary Objections
Source Language
English
Criminal Procedure Extension of Time Affidavit Requirements Preliminary Objections

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Parties

Director of Public Prosecutions

Applicant

Wilfred Muganyizi Lwakatare

1st Respondent

Ludovick Rwezaura Joseph

2nd Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objections in Application for Extension of Time

Legal Issues

  1. 1 Whether failure to file written submissions in support of the application is fatal in criminal matters
  2. 2 Whether failure to cite Rule 65(4) of the Court of Appeal Rules is fatal to an application for extension of time
  3. 3 Whether the affidavit in support is defective for improper verification or lack of date and signature

Ratio Decidendi

Rules on written submissions in support of applications do not apply to criminal matters; failure to cite Rule 65(4) is not fatal in an application for extension of time; affidavit verification is sufficient if sources are disclosed; omission of date and signature after statement of facts in affidavit is a curable irregularity, not fatal.

Court Disposition

Preliminary objections dismissed except for the fifth, which is partly upheld; applicant ordered to amend affidavit.

Orders

  • Applicant to file amended affidavit inserting date and signature after statement of facts within seven days from ruling.
  • Application to proceed to be heard after amendment.