bob chacha wangwe vs attorney general others 2018 tzhc 113 4 july 2018

bob chacha wangwe vs attorney general others 2018 tzhc 113 4 july 2018

The petition was struck out because it was based on repealed or non-existent statutory provisions, rendering it frivolous and incompetent. The petitioner also had adequate means of redress under the National Elections Act, and the errors in citation could not be cured by amendment after the preliminary objection was raised.

Citation
bob chacha wangwe vs attorney general others 2018 tzhc 113 4 july 2018
Parties
Petitioner: Bob Chacha Wangwe; 1st Respondent: The Attorney General; 2nd Respondent: The National Electoral Commission; 3rd Respondent: The Director of Elections
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 July 2018
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
Petition struck out
Legal Topics
Constitutionality of Statutory Provisions, Adequate Means of Redress, Frivolous and Vexatious Litigation, Proper Citation of Statutes
Source Language
English
Constitutional Law Election Law Civil Procedure Constitutionality of Statutory Provisions Adequate Means of Redress Frivolous and Vexatious Litigation Proper Citation of Statutes

Case Brief

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Parties

Bob Chacha Wangwe

Petitioner

The Attorney General

1st Respondent

The National Electoral Commission

2nd Respondent

The Director of Elections

3rd Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition is incompetent for citing non-existent or repealed statutory provisions
  2. 2 Whether the petitioner has adequate means of redress under existing law, barring constitutional petition
  3. 3 Whether the petition is frivolous or vexatious

Ratio Decidendi

The petition was struck out because it was based on repealed or non-existent statutory provisions, rendering it frivolous and incompetent. The petitioner also had adequate means of redress under the National Elections Act, and the errors in citation could not be cured by amendment after the preliminary objection was raised.

Court Disposition

Petition struck out

Orders

  • The petition is struck out for being frivolous and incompetent.
  • Each party shall bear their own costs.