20071018 TZHC Moshi

20071018 TZHC Moshi

The application was brought under inapplicable provisions of law (Law of Limitation Act and Civil Procedure Code), which do not empower the court to extend time for applications under the Elections Act. Citing wrong or inapplicable provisions renders the application incompetent and it must be struck out.

Citation
20071018 TZHC Moshi
Parties
Applicant/petitioner: Peter Mziray Kuga; 1st Respondent: Anne Kilango Malecela; 2nd Respondent: The Returning Officer Same East Constituency; 3rd Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2007
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Jurisdiction, Security for Costs, Limitation of Actions
Source Language
English
Election Law Civil Procedure Extension of Time Jurisdiction Security for Costs Limitation of Actions

Case Brief

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Parties

Peter Mziray Kuga

Applicant/petitioner

Anne Kilango Malecela

1st Respondent

The Returning Officer Same East Constituency

2nd Respondent

The Hon. Attorney General

3rd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Law of Limitation Act applies to election petitions and related applications under the Elections Act
  2. 2 Whether the Civil Procedure Code provisions can be invoked to extend time for applications under the Elections Act
  3. 3 Whether citing a wrong or inapplicable provision of law renders an application incompetent

Ratio Decidendi

The application was brought under inapplicable provisions of law (Law of Limitation Act and Civil Procedure Code), which do not empower the court to extend time for applications under the Elections Act. Citing wrong or inapplicable provisions renders the application incompetent and it must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent with costs to the respondents.