juma apronal adolick vs inspector general of police 4 others 2023 tzhc 21741 5 october 2023

juma apronal adolick vs inspector general of police 4 others 2023 tzhc 21741 5 october 2023

The application is struck out because the supporting affidavit is incurably defective for containing legal arguments, hearsay evidence, and an improper verification clause, rendering the application incompetent.

Citation
juma apronal adolick vs inspector general of police 4 others 2023 tzhc 21741 5 october 2023
Parties
Applicant: Juma Apronal Adolick; 1st Respondent: Inspector General of Police; 2nd Respondent: Director of Public Prosecution; 3rd Respondent: Attorney General; 4th Respondent: Regional Crime Officer Katavi Region; 5th Respondent: Officer Commanding Station (Central Police Station Mpanda-Katavi Region)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 October 2023
Procedural Posture
Miscellaneous Criminal Application (habeas Corpus) / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Habeas Corpus, Affidavit Defects, Preliminary Objection, Detention Procedures
Source Language
English
Criminal Law Civil Procedure Habeas Corpus Affidavit Defects Preliminary Objection Detention Procedures

Case Brief

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Parties

Juma Apronal Adolick

Applicant

Inspector General of Police

1st Respondent

Director of Public Prosecution

2nd Respondent

Attorney General

3rd Respondent

Regional Crime Officer Katavi Region

4th Respondent

Officer Commanding Station (Central Police Station Mpanda-Katavi Region)

5th Respondent

Procedural Posture

Miscellaneous Criminal Application (habeas Corpus) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supporting affidavit is incurably defective for containing legal arguments and hearsay evidence
  2. 2 Whether the application should be struck out due to the defective affidavit

Ratio Decidendi

The application is struck out because the supporting affidavit is incurably defective for containing legal arguments, hearsay evidence, and an improper verification clause, rendering the application incompetent.

Court Disposition

Application struck out

Orders

  • Application struck out due to defective affidavit