20170628 TZHC Arusha

20170628 TZHC Arusha

The affidavit supporting the application is defective for not disclosing with certainty who the applicant is, as the representative capacity was not maintained throughout, rendering the application incompetent.

Citation
20170628 TZHC Arusha
Parties
Applicant: Republic; Respondent: Caessar Anzamen Shayo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 June 2017
Procedural Posture
Criminal Revision / Ruling on Preliminary Objections
Outcome
application struck out
Legal Topics
Affidavit Defects, Preliminary Objections, Representative Capacity
Source Language
English
Criminal Procedure Affidavit Defects Preliminary Objections Representative Capacity

Case Brief

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Parties

Republic

Applicant

Caessar Anzamen Shayo

Respondent

Procedural Posture

Criminal Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the affidavit in support of the application is defective for not disclosing the applicant with certainty
  2. 2 Whether signing in personal capacity instead of representative capacity invalidates the affidavit

Ratio Decidendi

The affidavit supporting the application is defective for not disclosing with certainty who the applicant is, as the representative capacity was not maintained throughout, rendering the application incompetent.

Court Disposition

application struck out

Orders

  • application struck out due to defective affidavit