Kafuba Mwangilindi versus The Republic

Kafuba Mwangilindi versus The Republic; Criminal Application No 3 of 2013:  Court of Appeal of Tanzania at Mwanza (Unreported)

• Civil Procedure

• Affidavit – Affidavit states that deponent is a Muslim while he is a Christian-Effect.

Held:-

If an applicant deposes in his affidavit that he is a Moslem while he is a Christian it renders the whole affidavit to be untrue.  In such a situation the notice of motion/Chamber Summons becomes defective for not being supported by an affidavit.