mohamed juma mbacho vs republic 2023 tzhc 19111 21 july 2023

mohamed juma mbacho vs republic 2023 tzhc 19111 21 july 2023

The application is struck out because the applicant's affidavit was defective due to different dates on the verification and attestation clauses, indicating the applicant did not personally attest before the Commissioner for Oaths, thus rendering the application incompetent.

Citation
mohamed juma mbacho vs republic 2023 tzhc 19111 21 july 2023
Parties
Applicant: Mohamed Juma Mbacho; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 July 2023
Procedural Posture
Miscellaneous Criminal Application / Preliminary Objection Ruling
Outcome
Application struck out
Legal Topics
Affidavit Defects, Attestation Requirements, Prisoner Litigation, Verification of Affidavits
Source Language
English
Criminal Law Procedural Law Affidavit Defects Attestation Requirements Prisoner Litigation Verification of Affidavits

Case Brief

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Parties

Mohamed Juma Mbacho

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether an affidavit with different dates for verification and attestation is defective
  2. 2 Whether failure of an inmate to attest before a Commissioner for Oaths renders the application incompetent

Ratio Decidendi

The application is struck out because the applicant's affidavit was defective due to different dates on the verification and attestation clauses, indicating the applicant did not personally attest before the Commissioner for Oaths, thus rendering the application incompetent.

Court Disposition

Application struck out

Orders

  • The application is struck out due to a defective affidavit.