wernery method kilowoko vs republic 2013 tzhc 2206 20 november 2013

wernery method kilowoko vs republic 2013 tzhc 2206 20 november 2013

The affidavit in support of the application was defective for containing matters of law and conclusions; after expunging the offending paragraphs, the remaining content could not support the application, rendering it incompetent and subject to being struck out.

Citation
wernery method kilowoko vs republic 2013 tzhc 2206 20 november 2013
Parties
Applicant: Wernery Method Kilowoko; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2013
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Affidavit Defects, Bail Application, Preliminary Objection
Source Language
English
Criminal Procedure Affidavit Defects Bail Application Preliminary Objection

Case Brief

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Parties

Wernery Method Kilowoko

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for containing matters of law and conclusions
  2. 2 Whether the application can be supported by the remaining portions of the affidavit after expunging defective paragraphs

Ratio Decidendi

The affidavit in support of the application was defective for containing matters of law and conclusions; after expunging the offending paragraphs, the remaining content could not support the application, rendering it incompetent and subject to being struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Applicant at liberty to refile observing affidavit requirements