20170706 TZHC Tanga

20170706 TZHC Tanga

The affidavit supporting the application is incurably defective due to omission of place in the jurat, insufficient identification of the deponent, and a materially deficient verification clause; as a result, the application for review is incompetent and must be struck out.

Citation
20170706 TZHC Tanga
Parties
Applicant: Jamal Msitiri @ Chaijaba; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 July 2017
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Affidavit Defects, Review Applications, Preliminary Objections
Source Language
English
Criminal Law Procedural Law Affidavit Defects Review Applications Preliminary Objections

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Parties

Jamal Msitiri @ Chaijaba

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for contravening section 8 of the Notaries Public and Commissioners for Oaths Act, Cap. 12 RE 2002
  2. 2 Whether the verification clause in the affidavit meets legal requirements
  3. 3 Whether the omission of place and identification in the jurat invalidates the affidavit

Ratio Decidendi

The affidavit supporting the application is incurably defective due to omission of place in the jurat, insufficient identification of the deponent, and a materially deficient verification clause; as a result, the application for review is incompetent and must be struck out.

Court Disposition

application struck out

Orders

  • The supporting affidavit is struck out.
  • The notice of motion is rendered incompetent.