alistides a kashasira vs anna kajumulo tibaijuka others 2015 tzhc 2019 15 december 2015

alistides a kashasira vs anna kajumulo tibaijuka others 2015 tzhc 2019 15 december 2015

The application was struck out because the affidavit in support was not sworn by the petitioner himself as required by Section 111(3) of the National Elections Act, rendering the application incompetent. The defect was fundamental and not curable by amendment or expunging paragraphs, as the entire affidavit was made by an improper person.

Citation
alistides a kashasira vs anna kajumulo tibaijuka others 2015 tzhc 2019 15 december 2015
Parties
Applicant: Alistides A. Kashasira; 1st Respondent: Prof. Anna Kajumulo Tibaijuka; 2nd Respondent: The Returning Officer Muleba South Constituency; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2015
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Affidavit Competency, Security for Costs, Role of Advocate in Affidavits, Interpretation of National Elections Act
Source Language
English
Civil Procedure Election Law Affidavit Competency Security for Costs Role of Advocate in Affidavits Interpretation of National Elections Act

Case Brief

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Parties

Alistides A. Kashasira

Applicant

Prof. Anna Kajumulo Tibaijuka

1st Respondent

The Returning Officer Muleba South Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an advocate can swear an affidavit on behalf of a petitioner in an application for exemption from security for costs under Section 111(3) of the National Elections Act
  2. 2 Whether the affidavit filed contains legal arguments, conclusions, or speculation contrary to Order XIX rule 3(1) of the Civil Procedure Code

Ratio Decidendi

The application was struck out because the affidavit in support was not sworn by the petitioner himself as required by Section 111(3) of the National Elections Act, rendering the application incompetent. The defect was fundamental and not curable by amendment or expunging paragraphs, as the entire affidavit was made by an improper person.

Court Disposition

Application struck out

Orders

  • The preliminary objection is upheld.
  • The application for security of costs is struck out for being incompetently before the court.