20150317 TZCA Mwanza

20150317 TZCA Mwanza

The affidavit in support of the application for review is incurably defective for lacking a verification clause and for an incomplete jurat, thus the application is incompetent and must be struck out.

Citation
20150317 TZCA Mwanza
Parties
Applicant: Paul Makaranga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 March 2015
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection to Application for Review
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Review of Appellate Decisions, Preliminary Objections
Source Language
English
Criminal Law Civil Procedure Affidavit Defects Review of Appellate Decisions Preliminary Objections

Case Brief

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Parties

Paul Makaranga

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection to Application for Review

Legal Issues

  1. 1 Whether the affidavit supporting the application for review is incurably defective due to lack of verification clause and incomplete jurat
  2. 2 Whether the application for review is competent before the court

Ratio Decidendi

The affidavit in support of the application for review is incurably defective for lacking a verification clause and for an incomplete jurat, thus the application is incompetent and must be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • The application for review is struck out.