azimkhan akber azmikhan vs joseph john ngowa 3 others 2018 tzhc 2338 26 february 2018

azimkhan akber azmikhan vs joseph john ngowa 3 others 2018 tzhc 2338 26 february 2018

Preliminary objections may be raised by notice if reasonable notice is given and the opposing party concedes; the appellant conceded to both objections, and the amended petition introduced new facts, justifying its being struck out.

Citation
azimkhan akber azmikhan vs joseph john ngowa 3 others 2018 tzhc 2338 26 february 2018
Parties
Appellant: Azimkhan Akber Azimkhan; 1st Respondent: Joseph John Ngowa; 2nd Respondent: Returning Officer, Ilala Municipality; 3rd Respondent: Assistants Returning Officer of Mchikichini Ward; 4th Respondent: The Hon Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Preliminary Objections, Pleadings, Electoral Petitions, Amendment of Pleadings
Source Language
English
Civil Procedure Election Law Preliminary Objections Pleadings Electoral Petitions Amendment of Pleadings

Case Brief

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Parties

Azimkhan Akber Azimkhan

Appellant

Joseph John Ngowa

1st Respondent

Returning Officer, Ilala Municipality

2nd Respondent

Assistants Returning Officer of Mchikichini Ward

3rd Respondent

The Hon Attorney General

4th Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether preliminary objections must be raised in pleadings or can be raised by notice
  2. 2 Whether the trial court erred in not recording concession to both preliminary objections
  3. 3 Whether the amended petition introduced new facts and was properly struck out

Ratio Decidendi

Preliminary objections may be raised by notice if reasonable notice is given and the opposing party concedes; the appellant conceded to both objections, and the amended petition introduced new facts, justifying its being struck out.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondents