20060302 TZHC Bukoba

20060302 TZHC Bukoba

The applicant failed to prove total indigence but demonstrated limited means. The court found he could afford to pay a reduced amount or provide alternative security without suffering considerable hardship. Therefore, total exemption was denied, but a reduced security for costs or alternative security was ordered.

Citation
20060302 TZHC Bukoba
Parties
Petitioner: Wilfred s/o Muganyizi Rwakatare; 1st Respondent: Hamis s/o Sued Kagasheki; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2006
Procedural Posture
Misc. Civil Cause (election Petition) / Ruling on Application for Exemption From Security for Costs
Outcome
Application for total exemption from security for costs denied; partial relief granted.
Legal Topics
Security for Costs, Access to Justice, Election Petitions, Court Discretion
Source Language
English
Election Law Civil Procedure Security for Costs Access to Justice Election Petitions Court Discretion

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Parties

Wilfred s/o Muganyizi Rwakatare

Petitioner

Hamis s/o Sued Kagasheki

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Misc. Civil Cause (election Petition) / Ruling on Application for Exemption From Security for Costs

Legal Issues

  1. 1 Whether the applicant should be exempted from payment of security for costs under section 111(5) of the National Elections Act
  2. 2 Whether the applicant qualifies for total exemption or alternative form of security based on financial hardship

Ratio Decidendi

The applicant failed to prove total indigence but demonstrated limited means. The court found he could afford to pay a reduced amount or provide alternative security without suffering considerable hardship. Therefore, total exemption was denied, but a reduced security for costs or alternative security was ordered.

Court Disposition

Application for total exemption from security for costs denied; partial relief granted.

Orders

  • Applicant to pay five hundred thousand shillings (500,000/=) as security for costs in respect of each respondent within fourteen (14) days from the date of ruling, or alternatively deposit a title deed for immovable property valued at not less than one million shillings.