benedicto mutachoka mutungurehi vs innocent sebba bilakwate others 2015 tzhc 1 16 december 2015

benedicto mutachoka mutungurehi vs innocent sebba bilakwate others 2015 tzhc 1 16 december 2015

The applicant failed to provide sufficient evidence to warrant complete exemption from depositing security for costs, but the court found it just to reduce the amount payable to TZS 2,500,000 per respondent to balance access to justice and the statutory purpose of security for costs.

Citation
benedicto mutachoka mutungurehi vs innocent sebba bilakwate others 2015 tzhc 1 16 december 2015
Parties
Applicant: Benedicto Mutachoka Mutungurehi; 1st Respondent: Innocent Sebba Bilakwate; 2nd Respondent: The Returning Officer for Kyerwa; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Determination of Security for Costs
Outcome
Partly allowed
Legal Topics
Security for Costs, Access to Justice, Election Petitions
Source Language
English
Election Law Civil Procedure Security for Costs Access to Justice Election Petitions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Benedicto Mutachoka Mutungurehi

Applicant

Innocent Sebba Bilakwate

1st Respondent

The Returning Officer for Kyerwa

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Determination of Security for Costs

Legal Issues

  1. 1 Whether the applicant should be exempted from depositing security for costs or the amount should be reduced due to financial incapacity

Ratio Decidendi

The applicant failed to provide sufficient evidence to warrant complete exemption from depositing security for costs, but the court found it just to reduce the amount payable to TZS 2,500,000 per respondent to balance access to justice and the statutory purpose of security for costs.

Court Disposition

Partly allowed

Orders

  • Applicant to deposit TZS 2,500,000 as security for costs for each respondent.