20180515 TZCA Dar es Salaam

20180515 TZCA Dar es Salaam

Failure to indicate the place and date in the jurat attestation renders the affidavit incurably defective, making the application incompetent and liable to be struck out.

Citation
20180515 TZCA Dar es Salaam
Parties
Applicant: John William Mpai; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 May 2018
Procedural Posture
Civil Application for Review / Ruling on Application for Review
Outcome
application struck out
Legal Topics
Affidavit Defects, Review Applications, Jurat Attestation, Procedural Requirements
Source Language
English
Criminal Law Civil Procedure Affidavit Defects Review Applications Jurat Attestation Procedural Requirements

Case Brief

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Parties

John William Mpai

Applicant

The Republic

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether the affidavit supporting the application is incurably defective due to missing jurat attestation details
  2. 2 Whether the application for review can be entertained without a valid affidavit

Ratio Decidendi

Failure to indicate the place and date in the jurat attestation renders the affidavit incurably defective, making the application incompetent and liable to be struck out.

Court Disposition

application struck out

Orders

  • The application is struck out.