ansbert mugamba ngurumo vs charles john mwijage others 2015 tzhc 2 14 december 2015

ansbert mugamba ngurumo vs charles john mwijage others 2015 tzhc 2 14 december 2015

The application is incompetent as it is not supported by a competent affidavit sworn by the applicant or a person with personal knowledge; affidavit by advocate is insufficient and defective; strict compliance with procedural requirements is mandatory in election petitions.

Citation
ansbert mugamba ngurumo vs charles john mwijage others 2015 tzhc 2 14 december 2015
Parties
Applicant/petitioner: Ansbert Mugamba Ngurumo; 1st Respondent: Charles John Mwijage; 2nd Respondent: The Returning Officer Muleba North Constituency; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Affidavit Competency, Security for Costs, Election Petition Procedure
Source Language
English
Civil Procedure Election Law Affidavit Competency Security for Costs Election Petition Procedure

Case Brief

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Parties

Ansbert Mugamba Ngurumo

Applicant/petitioner

Charles John Mwijage

1st Respondent

The Returning Officer Muleba North Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is supported by a competent affidavit as required by law
  2. 2 Whether an advocate can swear an affidavit on behalf of a client for matters not within the advocate's personal knowledge
  3. 3 Whether procedural defects in the application warrant striking out the application

Ratio Decidendi

The application is incompetent as it is not supported by a competent affidavit sworn by the applicant or a person with personal knowledge; affidavit by advocate is insufficient and defective; strict compliance with procedural requirements is mandatory in election petitions.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondents