bakema said rashid vs nashon william bidyanguze and 2 others 2020 tzhc 4200 14 december 2020

bakema said rashid vs nashon william bidyanguze and 2 others 2020 tzhc 4200 14 december 2020

The petition was filed out of time as the thirty-day limitation period expired on 28/11/2020; both electronic and manual filing require payment of court fees within the limitation period; Deputy Registrar acted ultra vires in rejecting the petition for being time barred, but the petition cannot be admitted as it was indeed filed out of time.

Citation
bakema said rashid vs nashon william bidyanguze and 2 others 2020 tzhc 4200 14 december 2020
Parties
Applicant: Bakema s/o Said Rashid; 1st Respondent: Nashon s/o William Bidyangunze; 2nd Respondent: The Returning Officer for Kigoma Kusini Parliamentary Constituency; 3rd Respondent: The Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Election Reference / Ruling on Rejection of Petition for Being Time Barred
Outcome
Petition rejected as filed out of time; Deputy Registrar's rejection order reversed for being ultra vires, but no order to admit or refile the petition.
Legal Topics
Electronic Filing, Limitation Period, Jurisdiction of Registrar, Court Fees Payment
Source Language
English
Election Law Civil Procedure Electronic Filing Limitation Period Jurisdiction of Registrar Court Fees Payment

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Parties

Bakema s/o Said Rashid

Applicant

Nashon s/o William Bidyangunze

1st Respondent

The Returning Officer for Kigoma Kusini Parliamentary Constituency

2nd Respondent

The Honourable Attorney General

3rd Respondent

Procedural Posture

Election Reference / Ruling on Rejection of Petition for Being Time Barred

Legal Issues

  1. 1 Whether the petition was filed within the statutory limitation period
  2. 2 Whether electronic filing extends the limitation period to midnight
  3. 3 Whether payment of court fees is part of filing under electronic filing rules

Ratio Decidendi

The petition was filed out of time as the thirty-day limitation period expired on 28/11/2020; both electronic and manual filing require payment of court fees within the limitation period; Deputy Registrar acted ultra vires in rejecting the petition for being time barred, but the petition cannot be admitted as it was indeed filed out of time.

Court Disposition

Petition rejected as filed out of time; Deputy Registrar's rejection order reversed for being ultra vires, but no order to admit or refile the petition.

Orders

  • A copy of this ruling to be sent to the counsel for the applicant by email or WhatsApp not later than today.