Jamal Msitiri Chaijaba vs Republic Criminal Application No

Jamal Msitiri Chaijaba vs Republic Criminal Application No

The affidavit in support of the application was incurably defective for omitting the place of attestation, lacking proper verification, and failing to identify the deponent as required by law. Without a valid affidavit, the notice of motion was incompetent, necessitating the striking out of the application for review.

Citation
Jamal Msitiri Chaijaba vs Republic Criminal Application No
Parties
Applicant: Jamal Msitiri @ Chaijaba; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection Regarding Affidavit Validity
Outcome
Application struck out
Legal Topics
Affidavit Validity, Review of Judgment, Procedural Defects, Jurisdictional Competence
Source Language
English
Criminal Law Civil Procedure Affidavit Validity Review of Judgment Procedural Defects Jurisdictional Competence

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Parties

Jamal Msitiri @ Chaijaba

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection Regarding Affidavit Validity

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for non-compliance with statutory requirements
  2. 2 Whether the application for review can stand without a valid affidavit

Ratio Decidendi

The affidavit in support of the application was incurably defective for omitting the place of attestation, lacking proper verification, and failing to identify the deponent as required by law. Without a valid affidavit, the notice of motion was incompetent, necessitating the striking out of the application for review.

Court Disposition

Application struck out

Orders

  • The preliminary objection is sustained.
  • The supporting affidavit is struck out as incurably defective.