augustin lyatonga mrema vs donati mathew mbwagai and 7 others 1998 tzca 12 10 december 1998

augustin lyatonga mrema vs donati mathew mbwagai and 7 others 1998 tzca 12 10 december 1998

Security for costs need not be paid at the time of filing the petition but before the hearing date is fixed; the payment made was sufficient to cover security for costs despite the receipt's lack of itemisation, and any clerical error in the receipt does not invalidate the petition.

Citation
augustin lyatonga mrema vs donati mathew mbwagai and 7 others 1998 tzca 12 10 december 1998
Parties
Appellant: Augustin Lyatonga Krema; 1st Respondent: Donati Mathew Mbwagai; 2nd Respondent: Jabir Ali Jabir; 3rd Respondent: Mwinchande Ali Mpembenwe; 4th Respondent: Yusuph Masudi Jongo; 5th Respondent: Stella Mdoe Singano; 6th Respondent: Ibrahim Saidi Ponera; 7th Respondent: Kassim Saidi Kiame; 8th Respondent: Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 December 1998
Procedural Posture
Civil Appeal / Judgment on Appeal Against High Court Preliminary Objection Ruling
Outcome
appeal dismissed
Legal Topics
Security for Costs, Election Petitions, Procedural Irregularities
Source Language
English
Election Law Civil Procedure Security for Costs Election Petitions Procedural Irregularities

Case Brief

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Parties

Augustin Lyatonga Krema

Appellant

Donati Mathew Mbwagai

1st Respondent

Jabir Ali Jabir

2nd Respondent

Mwinchande Ali Mpembenwe

3rd Respondent

Yusuph Masudi Jongo

4th Respondent

Stella Mdoe Singano

5th Respondent

Ibrahim Saidi Ponera

6th Respondent

Kassim Saidi Kiame

7th Respondent

Hon. Attorney General

8th Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against High Court Preliminary Objection Ruling

Legal Issues

  1. 1 Whether security for costs must be paid at the time of filing an election petition
  2. 2 Whether the payment of security for costs was made in this case
  3. 3 Effect of clerical errors in receipts on the validity of an election petition

Ratio Decidendi

Security for costs need not be paid at the time of filing the petition but before the hearing date is fixed; the payment made was sufficient to cover security for costs despite the receipt's lack of itemisation, and any clerical error in the receipt does not invalidate the petition.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.