20060309 TZHC Dar es Salaam

20060309 TZHC Dar es Salaam

An application for exemption from payment of security for costs in an election petition cannot be entertained unless the petitioner has first applied for determination of the amount payable as security for costs within the statutory period. Failure to comply with this mandatory procedure renders the application incompetent and time-barred.

Citation
20060309 TZHC Dar es Salaam
Parties
Applicant/petitioner: John John Mnyika; 1st Respondent: Charles Ndelyianaruwa Keenja; 2nd Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 March 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Security for Costs, Election Petitions, Preliminary Objections, Procedural Compliance
Source Language
English
Election Law Civil Procedure Security for Costs Election Petitions Preliminary Objections Procedural Compliance

Case Brief

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Parties

John John Mnyika

Applicant/petitioner

Charles Ndelyianaruwa Keenja

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for exemption from payment of security for costs can be made before an application for determination of the amount payable as security for costs under Section 111 (3) of the Elections Act, 1985
  2. 2 Whether the application for exemption was premature and incompetent

Ratio Decidendi

An application for exemption from payment of security for costs in an election petition cannot be entertained unless the petitioner has first applied for determination of the amount payable as security for costs within the statutory period. Failure to comply with this mandatory procedure renders the application incompetent and time-barred.

Court Disposition

Application struck out with costs

Orders

  • The preliminary objections are upheld.
  • The application for exemption from payment of security for costs is struck out with costs.