sadick hassan vs republic 2019 tzhc 208 20 december 2019
The application was struck out because the supporting affidavits were incurably defective for lacking proper jurat and witness information, contravening statutory requirements, thus rendering the application incompetent.
- Citation
- sadick hassan vs republic 2019 tzhc 208 20 december 2019
- Parties
- Applicant: Sadick Hassan; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 December 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application struck out as incompetent
- Legal Topics
- Extension of Time, Affidavit Defects, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sadick Hassan
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the affidavits supporting the application are valid under section 8 of the Notary Public and Commissioner for Oaths Act
- 2 Whether the application for extension of time can be determined on merit without valid affidavits
Ratio Decidendi
The application was struck out because the supporting affidavits were incurably defective for lacking proper jurat and witness information, contravening statutory requirements, thus rendering the application incompetent.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out
- Applicant may file a fresh application
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