Juma Said and Another versus The Republic

Juma Said and Another versus The Republic; Criminal Application No 4 of 2010:  Court of Appeal of Tanzania at Mwanza (Unreported).

• Affidavit

• Verification – an affidavit lacks a verification clause – whether fatal.

Held:-

The purpose of verification clause is to show whether the facts assented by the deponent are of its own knowledge or based on information or beliefs.  Since an affidavit is a substitute of oral evidence the requirement of verification  thereon goes so the root of substantial justice, and not just a matter of form  and not a mere technicality.