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Tanzania decisions
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The High Court allowed a criminal appeal after finding fatal procedural defects in the trial, including failure to properly swear or affirm the interpreter and accused.
The failure by the trial magistrate to administer an oath or affirmation to the respondent’s witnesses before they gave oral evidence during cross-examination constituted a fatal procedural irregularity, rendering the trial court proceedings, judgment, and decree invalid. The proper remedy is to nullify the proceedings from the point of irregularity and order a retrial before another magistrate.
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Failure to administer and record oaths or affirmations for witnesses before testimony is a fundamental irregularity that renders all such evidence and subsequent proceedings null and void.
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The application is incompetent because the supporting affidavit is incurably defective, having failed to distinguish between oaths and affirmations for Christian and Muslim deponents as required by law.
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The affidavit in support of the application was defective for failure to comply with mandatory Oaths and Affirmation Rules, specifically regarding the requirement to state religious belief and to either swear or affirm, not both. The defect rendered the application incompetent and incapable of being cured by supplementary affidavit. The preliminary objection was a pure point of law and was upheld.
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The affidavit is fatally defective for failing to state the religion of the deponents as required by law, and the court cannot assume such facts. The defect is sufficient to dispose of the application.
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The affidavit is fatally defective for failing to state the religion of the deponents as required by law, and the defect cannot be cured by the overriding objective rule. The application is struck out with costs.
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High Court appeal allowed after finding witnesses were not sworn or affirmed, a fatal defect that vitiated the matrimonial proceedings and required retrial.
The omission of the date in the jurat of attestation of a witness statement is a procedural irregularity attributable to the Commissioner for Oaths, not the witness. The defect does not affect the substance of the evidence and is curable by amendment. The plaintiff is granted leave to amend the jurat of attestation by having the Commissioner for Oaths insert the correct date, and the amended witness statement must be filed within 7 days.
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The conviction cannot stand as the testimonies of the key witnesses were not given under oath or affirmation, violating section 198(1) of the Criminal Procedure Act, and thus amount to no evidence in law.
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