19951113 TZHC Dar es Salaam

19951113 TZHC Dar es Salaam

The application was dismissed because the supporting affidavit was incurably defective for failing to disclose sources of information and belief, the applicants failed to show likelihood of success or irreparable harm, and the court's jurisdiction to grant the relief was ousted by Article 41(7) of the Constitution once presidential results were declared.

Citation
19951113 TZHC Dar es Salaam
Parties
Applicants: Augustine Lyatonga & 12 Others; Respondents: The Attorney General & 3 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 1995
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Injunctive Relief Pending Determination of Election Petition
Outcome
Application dismissed with costs
Legal Topics
Injunctions, Jurisdiction of Courts, Presidential Elections, Affidavit Requirements, Electoral Irregularities
Source Language
English
Constitutional Law Election Law Civil Procedure Injunctions Jurisdiction of Courts Presidential Elections Affidavit Requirements Electoral Irregularities

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Parties

Augustine Lyatonga & 12 Others

Applicants

The Attorney General & 3 Others

Respondents

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Injunctive Relief Pending Determination of Election Petition

Legal Issues

  1. 1 Whether the court should grant an injunction restraining the Director of Elections from declaring presidential election results and conducting elections in Dar es Salaam pending determination of the petition
  2. 2 Whether the supporting affidavit meets legal requirements
  3. 3 Whether the court has jurisdiction to grant the relief sought after declaration of presidential results

Ratio Decidendi

The application was dismissed because the supporting affidavit was incurably defective for failing to disclose sources of information and belief, the applicants failed to show likelihood of success or irreparable harm, and the court's jurisdiction to grant the relief was ousted by Article 41(7) of the Constitution once presidential results were declared.

Court Disposition

Application dismissed with costs

Orders

  • Application for injunction restraining the Director of Elections from declaring presidential election results and conducting elections in Dar es Salaam Region is dismissed with costs.