20130627 TZCA Mbeya
The application is incurably defective because the supporting affidavit does not state the place where it was sworn, contravening section 8 of the Notaries Public and Commissioners for Oaths Act. The defect is mandatory and not subject to judicial discretion; thus, there is no competent application before the Court.
- Citation
- 20130627 TZCA Mbeya
- Parties
- Applicant: Laureno Mseya; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 June 2013
- Procedural Posture
- Criminal Application for Review / Ruling on Preliminary Objection and Validity of Affidavit
- Outcome
- Application struck out
- Legal Topics
- Review of Appellate Judgment, Defective Affidavit, Jurisdiction of Court of Appeal, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Laureno Mseya
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection and Validity of Affidavit
Legal Issues
- 1 Whether the application for review is supported by a valid affidavit as required by law
- 2 Whether the Court can exercise discretion to hear an application supported by a defective affidavit
Ratio Decidendi
The application is incurably defective because the supporting affidavit does not state the place where it was sworn, contravening section 8 of the Notaries Public and Commissioners for Oaths Act. The defect is mandatory and not subject to judicial discretion; thus, there is no competent application before the Court.
Court Disposition
Application struck out
Orders
- The application is struck out for being supported by a defective affidavit.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment