majani tenga mboje vs republic 2023 tzhc 18941 12 july 2023
The applicant did not personally attest to his affidavit before the Commissioner for Oaths, as evidenced by the different dates in the verification and attestation clauses, rendering the affidavit defective and the application incompetent.
- Citation
- majani tenga mboje vs republic 2023 tzhc 18941 12 july 2023
- Parties
- Applicant: Majani Tenga Mbqje; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 July 2023
- Procedural Posture
- Misc. Criminal Application / Preliminary Objection Ruling
- Outcome
- Application struck out
- Legal Topics
- Affidavit Defects, Attestation Requirements, Prisoner Applications
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Majani Tenga Mbqje
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Preliminary Objection Ruling
Legal Issues
- 1 Whether an affidavit with different dates in the verification and attestation clauses is fatally defective
- 2 Whether failure of an inmate to personally attest before a Commissioner for Oaths renders the application incompetent
Ratio Decidendi
The applicant did not personally attest to his affidavit before the Commissioner for Oaths, as evidenced by the different dates in the verification and attestation clauses, rendering the affidavit defective and the application incompetent.
Court Disposition
Application struck out
Orders
- Application is struck out due to defective affidavit
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