20161004 TZCA Dar es Salaam

20161004 TZCA Dar es Salaam

Rules under Part V do not apply to criminal matters; application for extension of time is properly brought under Rule 10; affidavit verification clause is sufficient as sources of information are disclosed; omission of date and signature before verification is an irregularity that can be corrected by amendment.

Citation
20161004 TZCA Dar es Salaam
Parties
Applicant: The Director of Public Prosecutions; 1st Respondent: Wilfred Muganyizi Lwakatare; 2nd Respondent: Ludovick Rwezaura Joseph
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 October 2016
Procedural Posture
Criminal Application / Ruling on Preliminary Objections to Application for Extension of Time
Outcome
preliminary objections dismissed except fifth, which is partly upheld; application to proceed after amendment
Legal Topics
Extension of Time, Affidavit Requirements, Preliminary Objections
Source Language
English
Criminal Procedure Extension of Time Affidavit Requirements Preliminary Objections

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Parties

The Director of Public Prosecutions

Applicant

Wilfred Muganyizi Lwakatare

1st Respondent

Ludovick Rwezaura Joseph

2nd Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objections to Application for Extension of Time

Legal Issues

  1. 1 Whether failure to file written submissions in criminal matters is fatal under Rule 106
  2. 2 Whether non-citation of Rule 65(4) renders the application defective
  3. 3 Whether verification clause in affidavit is defective for hearsay

Ratio Decidendi

Rules under Part V do not apply to criminal matters; application for extension of time is properly brought under Rule 10; affidavit verification clause is sufficient as sources of information are disclosed; omission of date and signature before verification is an irregularity that can be corrected by amendment.

Court Disposition

preliminary objections dismissed except fifth, which is partly upheld; application to proceed after amendment

Orders

  • Applicant to file amended affidavit inserting date and signature within seven days
  • Application to proceed to hearing after amendment