20150311 TZCA Mwanza
The absence of a verification clause in the supporting affidavit is a fatal defect, rendering the affidavit and the application incompetent and liable to be struck out.
- Citation
- 20150311 TZCA Mwanza
- Parties
- Applicant: Juma Said; Applicant: Yahaya Abdallah; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 March 2015
- Procedural Posture
- Criminal Application / Application for Review After Appeal Dismissed
- Outcome
- application struck out
- Legal Topics
- Affidavit Defects, Verification Clause, Review of Judgment, Armed Robbery Conviction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
Juma Said
Applicant
Yahaya Abdallah
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Review After Appeal Dismissed
Legal Issues
- 1 Whether the absence of a verification clause in the affidavit renders the application defective and incompetent
Ratio Decidendi
The absence of a verification clause in the supporting affidavit is a fatal defect, rendering the affidavit and the application incompetent and liable to be struck out.
Court Disposition
application struck out
Orders
- Affidavit struck out for lack of verification clause.
- Notice of Motion struck out as incompetent.
Full Case Text
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