augustine lyatonga mrema others vs attorney general others 1995 tzhc 730 13 november 1995

augustine lyatonga mrema others vs attorney general others 1995 tzhc 730 13 november 1995

The application was dismissed because the supporting affidavit was incurably defective for failing to disclose sources of information and grounds for belief, rendering the application incompetent. Additionally, the applicants failed to show a serious question to be tried or a probability of success, and did not demonstrate irreparable injury. The court also held that its jurisdiction is ousted by Article 41(7) of the Constitution once Presidential results are declared.

Citation
augustine lyatonga mrema others vs attorney general others 1995 tzhc 730 13 november 1995
Parties
Applicant: Augustine Lyatonga Mrema & 12 Others; Respondent: Attorney-General; Respondent: Director of Elections; Respondent: Third Respondent; Respondent: Fourth Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 1995
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Interim Injunction
Outcome
Application dismissed with costs
Legal Topics
Interim Injunctions, Jurisdiction Ouster, Affidavit Requirements, Electoral Process, Presidential Elections
Source Language
English
Constitutional Law Election Law Civil Procedure Interim Injunctions Jurisdiction Ouster Affidavit Requirements Electoral Process Presidential Elections

Case Brief

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Parties

Augustine Lyatonga Mrema & 12 Others

Applicant

Attorney-General

Respondent

Director of Elections

Respondent

Third Respondent

Respondent

Fourth Respondent

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the court should grant an interim injunction restraining the Director of Elections from declaring Presidential election results and conducting elections in Dar es Salaam pending determination of the petition
  2. 2 Whether the supporting affidavit meets legal requirements
  3. 3 Whether the court has jurisdiction to grant the relief sought after declaration of Presidential results

Ratio Decidendi

The application was dismissed because the supporting affidavit was incurably defective for failing to disclose sources of information and grounds for belief, rendering the application incompetent. Additionally, the applicants failed to show a serious question to be tried or a probability of success, and did not demonstrate irreparable injury. The court also held that its jurisdiction is ousted by Article 41(7) of the Constitution once Presidential results are declared.

Court Disposition

Application dismissed with costs

Orders

  • Application for interim injunction restraining the Director of Elections from declaring Presidential election results is dismissed
  • Application for interim injunction restraining the Director of Elections from conducting elections in Dar es Salaam Region is dismissed