fred tungu mpendazoe vs the attorney general others 2011 tzhc 2032 15 february 2011

fred tungu mpendazoe vs the attorney general others 2011 tzhc 2032 15 february 2011

The applicant's affidavit is incurably defective for failing to state the place of attestation as required by section 8 of the Notaries Public and Commissioners for Oaths Act. This defect renders the application for exemption from payment of security for costs incompetent and it must be struck out. The procedural requirements for affidavits apply equally to election petitions.

Citation
fred tungu mpendazoe vs the attorney general others 2011 tzhc 2032 15 february 2011
Parties
Applicant/petitioner: Fred Tungu Mpendazoe; 1st Respondent: The Attorney General; 2nd Respondent: Dr. Milton Makongoro Mahanga; 3rd Respondent: The Returning Officer, Segerea Constituency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2011
Procedural Posture
Miscellaneous Civil Application (election Petition) / Ruling on Preliminary Objection
Outcome
Application struck out; costs awarded to respondents.
Legal Topics
Affidavit Defects, Security for Costs, Preliminary Objections, Election Petitions
Source Language
English
Civil Procedure Election Law Affidavit Defects Security for Costs Preliminary Objections Election Petitions

Case Brief

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Parties

Fred Tungu Mpendazoe

Applicant/petitioner

The Attorney General

1st Respondent

Dr. Milton Makongoro Mahanga

2nd Respondent

The Returning Officer, Segerea Constituency

3rd Respondent

Procedural Posture

Miscellaneous Civil Application (election Petition) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant's affidavit is incurably defective for failing to state the place of attestation as required by law
  2. 2 Whether the application for exemption from payment of security for costs can stand with a defective affidavit
  3. 3 Whether strict affidavit requirements apply to election petitions

Ratio Decidendi

The applicant's affidavit is incurably defective for failing to state the place of attestation as required by section 8 of the Notaries Public and Commissioners for Oaths Act. This defect renders the application for exemption from payment of security for costs incompetent and it must be struck out. The procedural requirements for affidavits apply equally to election petitions.

Court Disposition

Application struck out; costs awarded to respondents.

Orders

  • The application for exemption from payment of security for costs is struck out.
  • Applicant/Petitioner shall pay the costs.