joseph mwandu kashindye vs dalaly peter kafumu others 2012 tzhc 183 25 july 2012

joseph mwandu kashindye vs dalaly peter kafumu others 2012 tzhc 183 25 july 2012

There was no sufficient reason to grant a further adjournment or to allow evidence by affidavit, as the witness was deliberately avoiding court under the pretext of illness while actively participating in public activities. The application for adjournment was rejected to prevent injustice and delay.

Citation
joseph mwandu kashindye vs dalaly peter kafumu others 2012 tzhc 183 25 july 2012
Parties
Petitioner: Joseph Mwandu Kashindye; 1st Respondent: Dalaly Peter Kafumu; 2nd Respondent: The Returning Officer, Igunga Constituency; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 July 2012
Procedural Posture
Election Petition / Interlocutory Application for Adjournment
Outcome
application for adjournment rejected
Legal Topics
Adjournment, Witness Non Appearance, Affidavit Evidence, Judicial Discretion
Source Language
English
Election Law Civil Procedure Adjournment Witness Non Appearance Affidavit Evidence Judicial Discretion

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Parties

Joseph Mwandu Kashindye

Petitioner

Dalaly Peter Kafumu

1st Respondent

The Returning Officer, Igunga Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Election Petition / Interlocutory Application for Adjournment

Legal Issues

  1. 1 Whether further adjournment should be granted due to the non-appearance of a key witness allegedly on medical grounds
  2. 2 Whether evidence of the absent witness can be taken by affidavit

Ratio Decidendi

There was no sufficient reason to grant a further adjournment or to allow evidence by affidavit, as the witness was deliberately avoiding court under the pretext of illness while actively participating in public activities. The application for adjournment was rejected to prevent injustice and delay.

Court Disposition

application for adjournment rejected

Orders

  • No further adjournment granted for the witness Dr. Magufuli.
  • Costs in the cause.