20150316 TZHC Dar es Salaam 1

20150316 TZHC Dar es Salaam 1

The absence of the attesting officer's name in the jurat is not a mandatory statutory requirement under section 8 of the Notaries Public and Commissioners for Oaths Act, and such a defect does not render the affidavit fatally defective; the defect is curable by amendment rather than striking out the application.

Citation
20150316 TZHC Dar es Salaam 1
Parties
Applicant: Vasco John; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 March 2015
Procedural Posture
Criminal Application / Ruling on Preliminary Objection Regarding Affidavit Defect
Outcome
Preliminary objection dismissed; leave to amend affidavit granted.
Legal Topics
Affidavit Defects, Extension of Time, Jurat Requirements, Notaries Public and Commissioners for Oaths
Source Language
English
Criminal Law Civil Procedure Affidavit Defects Extension of Time Jurat Requirements Notaries Public and Commissioners for Oaths

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Parties

Vasco John

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection Regarding Affidavit Defect

Legal Issues

  1. 1 Whether absence of attesting officer's name in jurat renders affidavit fatally defective
  2. 2 Whether preliminary objection on affidavit defect should be sustained

Ratio Decidendi

The absence of the attesting officer's name in the jurat is not a mandatory statutory requirement under section 8 of the Notaries Public and Commissioners for Oaths Act, and such a defect does not render the affidavit fatally defective; the defect is curable by amendment rather than striking out the application.

Court Disposition

Preliminary objection dismissed; leave to amend affidavit granted.

Orders

  • Preliminary objection dismissed
  • Leave to amend the affidavit is granted