20150313 TZCA Mwanza

20150313 TZCA Mwanza

The absence of a verification clause in the supporting affidavit is a fatal defect that renders the affidavit and, consequently, the application incompetent and liable to be struck out.

Citation
20150313 TZCA Mwanza
Parties
Applicant: Juma Said; Applicant: Yahaya Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 March 2015
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Requirements, Verification Clause, Preliminary Objection, Review of Judgment
Source Language
English
Criminal Law Civil Procedure Affidavit Requirements Verification Clause Preliminary Objection Review of Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Juma Said

Applicant

Yahaya Abdallah

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the absence of a verification clause renders an affidavit incurably defective
  2. 2 Whether an application supported by such an affidavit is competent

Ratio Decidendi

The absence of a verification clause in the supporting affidavit is a fatal defect that renders the affidavit and, consequently, the application incompetent and liable to be struck out.

Court Disposition

Application struck out

Orders

  • The affidavit is struck out for want of a verification clause.
  • The application is struck out as incompetent.