20130710 TZCA Dar es Salaam

20130710 TZCA Dar es Salaam

The application was struck out as incompetent because the supporting affidavit was defective, failing to disclose the names of the deponents as required by law, rendering the notice of motion unsupported and thus invalid.

Citation
20130710 TZCA Dar es Salaam
Parties
Applicant: Esio Nyomolelo; Applicant: Fikiri Nyomolelo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 July 2013
Procedural Posture
Criminal Application / Application for Extension of Time to File Review
Outcome
application struck out as incompetent
Legal Topics
Extension of Time, Review of Judgment, Affidavit Requirements, Competence of Application
Source Language
English
Criminal Law Procedural Law Extension of Time Review of Judgment Affidavit Requirements Competence of Application

Case Brief

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Parties

Esio Nyomolelo

Applicant

Fikiri Nyomolelo

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the application for extension of time to file a review is competent given the defect in the supporting affidavit
  2. 2 Whether a joint affidavit that does not disclose the names of deponents satisfies legal requirements

Ratio Decidendi

The application was struck out as incompetent because the supporting affidavit was defective, failing to disclose the names of the deponents as required by law, rendering the notice of motion unsupported and thus invalid.

Court Disposition

application struck out as incompetent

Orders

  • motion struck out for incompetence