19981210 TZCA Dar es Salaam

19981210 TZCA Dar es Salaam

Security for costs was effectively paid as part of the total sum, and the lack of itemisation in the receipt is a clerical irregularity that does not invalidate the petition. Payment of security for costs is not required at the time of filing but before the hearing date is fixed.

Citation
19981210 TZCA Dar es Salaam
Parties
Appellant: Augustin Lyatonga Mrema; 1st Respondent: Donati Mathew Mbwagai; 2nd Respondent: Jabir Ali Jabir; 3rd Respondent: Mwinchande Ali Mpembenwe; 4th Respondent: Yusuph Masudi Jongo; 5th Respondent: Stella Mixoe 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 / Appeal From High Court Preliminary Objection Ruling
Outcome
appeal dismissed with costs
Legal Topics
Security for Costs, Election Petitions, Court Fees, Procedural Irregularities
Source Language
English
Election Law Civil Procedure Security for Costs Election Petitions Court Fees Procedural Irregularities

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Parties

Augustin Lyatonga Mrema

Appellant

Donati Mathew Mbwagai

1st Respondent

Jabir Ali Jabir

2nd Respondent

Mwinchande Ali Mpembenwe

3rd Respondent

Yusuph Masudi Jongo

4th Respondent

Stella Mixoe Singano

5th Respondent

Ibrahim Saidi Ponera

6th Respondent

Kassim Saidi Kiame

7th Respondent

Hon. Attorney General

8th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Objection Ruling

Legal Issues

  1. 1 Whether security for costs was paid as required by rule 11(1) of the Elections (Election Petitions) Rules, 1971
  2. 2 Whether payment of security for costs must be made at the time of filing the petition
  3. 3 Effect of clerical errors in court receipts on the validity of proceedings

Ratio Decidendi

Security for costs was effectively paid as part of the total sum, and the lack of itemisation in the receipt is a clerical irregularity that does not invalidate the petition. Payment of security for costs is not required at the time of filing but before the hearing date is fixed.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondents