abbas zuberi mtemvu vs returning officer for temeke constituency others 2016 tzhc 4 29 june 2016

abbas zuberi mtemvu vs returning officer for temeke constituency others 2016 tzhc 4 29 june 2016

Paragraphs 18, 19, and 20 of the affidavit depart from pleadings and are struck off; the remaining affidavit is admissible after correcting the misnomer in PW-4's name by inserting 'Ja' by hand.

Citation
abbas zuberi mtemvu vs returning officer for temeke constituency others 2016 tzhc 4 29 june 2016
Parties
Petitioner: Abas Zuberi Mtemvu; 1st Respondent: The Returning Officer, Fortemeke Constituency; 2nd Respondent: The Attorney General; 3rd Respondent: Abdallah Alli Mtolea
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2016
Procedural Posture
Misc Civil Cause / Ruling on Preliminary Objections to Affidavit Evidence
Outcome
Preliminary objection partly upheld and partly dismissed.
Legal Topics
Affidavit Admissibility, Departure From Pleadings, Hearsay, Misnomer in Party Description
Source Language
English
Civil Procedure Election Law Evidence Affidavit Admissibility Departure From Pleadings Hearsay Misnomer in Party Description

Case Brief

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Parties

Abas Zuberi Mtemvu

Petitioner

The Returning Officer, Fortemeke Constituency

1st Respondent

The Attorney General

2nd Respondent

Abdallah Alli Mtolea

3rd Respondent

Procedural Posture

Misc Civil Cause / Ruling on Preliminary Objections to Affidavit Evidence

Legal Issues

  1. 1 Whether paragraphs 14-20 of PW-4's affidavit depart from pleadings
  2. 2 Whether certain paragraphs are argumentative or hearsay
  3. 3 Effect of misnomer in PW-4's name description

Ratio Decidendi

Paragraphs 18, 19, and 20 of the affidavit depart from pleadings and are struck off; the remaining affidavit is admissible after correcting the misnomer in PW-4's name by inserting 'Ja' by hand.

Court Disposition

Preliminary objection partly upheld and partly dismissed.

Orders

  • Paragraphs 18, 19, and 20 of PW-4's affidavit are struck off.
  • Affidavit admitted into evidence after correction of PW-4's name by inserting 'Ja' in handwriting.