19960920 TZHC Dar es Salaam

19960920 TZHC Dar es Salaam

The second respondent's failure to engage counsel and provide instructions within ten months is inexcusable; adjournment requests based on unsubstantiated reasons and defamatory allegations are not grounds for recusal or delay; the right to fair hearing was not infringed as adequate opportunity was provided.

Citation
19960920 TZHC Dar es Salaam
Parties
Petitioner: Buyogera Julius Bunyanbo; Respondent: Attorney General; Respondent: Alcardo Dennis Ntagazwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 1996
Procedural Posture
Miscellaneous Civil Cause (election Petition) / Ruling on Application for Adjournment and Request for Judge Recusal
Outcome
Application for adjournment and judge recusal dismissed with costs.
Legal Topics
Adjournment, Right to Fair Trial, Recusal of Judge, Contempt of Court
Source Language
English
Civil Procedure Constitutional Law Election Law Adjournment Right to Fair Trial Recusal of Judge Contempt of Court

Case Brief

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Parties

Buyogera Julius Bunyanbo

Petitioner

Attorney General

Respondent

Alcardo Dennis Ntagazwa

Respondent

Procedural Posture

Miscellaneous Civil Cause (election Petition) / Ruling on Application for Adjournment and Request for Judge Recusal

Legal Issues

  1. 1 Whether the second respondent is entitled to adjournment of the hearing
  2. 2 Whether the trial judge should recuse himself due to allegations of bias
  3. 3 Whether the second respondent's right to fair hearing has been infringed

Ratio Decidendi

The second respondent's failure to engage counsel and provide instructions within ten months is inexcusable; adjournment requests based on unsubstantiated reasons and defamatory allegations are not grounds for recusal or delay; the right to fair hearing was not infringed as adequate opportunity was provided.

Court Disposition

Application for adjournment and judge recusal dismissed with costs.

Orders

  • Proceedings to continue in absence of second respondent as per Order IX rule 11 of Civil Procedure Code.
  • Mrs. Gama's application to withdraw is noted but not granted; second respondent deemed fully represented.