20001110 TZHC Dar es Salaam

20001110 TZHC Dar es Salaam

The Court of Appeal lacks jurisdiction to hear and determine the appeal because Parliament was dissolved and there was no sitting member for Mufindi North Constituency; thus, the reliefs sought cannot be granted and the appeal is incompetent.

Citation
20001110 TZHC Dar es Salaam
Parties
Appellant: Assery Fred Utamwa; 1st Respondent: The Attorney General; 2nd Respondent: Joseph James Mungai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2000
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal struck out for want of jurisdiction; no order as to costs.
Legal Topics
Jurisdiction, Election Petitions, Limitation of Actions
Source Language
English
Election Law Civil Procedure Jurisdiction Election Petitions Limitation of Actions

Case Brief

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Parties

Assery Fred Utamwa

Appellant

The Attorney General

1st Respondent

Joseph James Mungai

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear and determine the appeal after dissolution of Parliament and absence of a sitting member for the constituency
  2. 2 Whether the delay in hearing and record preparation affects the right to appeal
  3. 3 Whether limitation of time for election petitions applies to the Court of Appeal

Ratio Decidendi

The Court of Appeal lacks jurisdiction to hear and determine the appeal because Parliament was dissolved and there was no sitting member for Mufindi North Constituency; thus, the reliefs sought cannot be granted and the appeal is incompetent.

Court Disposition

Appeal struck out for want of jurisdiction; no order as to costs.

Orders

  • Appeal is struck out as incompetent.
  • Each party to bear their own costs.