20170517 TZCA Mwanza

20170517 TZCA Mwanza

The appeal was time barred under section 115(3) of the National Elections Act, and the Court cannot entertain a review of its order without a formal application; therefore, the appeal must be struck out.

Citation
20170517 TZCA Mwanza
Parties
Appellant: Chiriko Haruni Daiid; Respondent: Kangi Alphaxard Lugora; Respondent: The Returning Officer for Mwibara Constituency; Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 May 2017
Procedural Posture
Civil Appeal / Ruling on Procedural Objection
Outcome
appeal struck out as time barred
Legal Topics
Time Bar, Review of Court Orders, Costs in Appeals
Source Language
English
Election Law Civil Procedure Time Bar Review of Court Orders Costs in Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Chiriko Haruni Daiid

Appellant

Kangi Alphaxard Lugora

Respondent

The Returning Officer for Mwibara Constituency

Respondent

The Hon. Attorney General

Respondent

Procedural Posture

Civil Appeal / Ruling on Procedural Objection

Legal Issues

  1. 1 Whether the appeal was time barred under section 115(3) of the National Elections Act
  2. 2 Whether the Court could review its previous order without a formal application
  3. 3 Whether costs settlement required further court intervention

Ratio Decidendi

The appeal was time barred under section 115(3) of the National Elections Act, and the Court cannot entertain a review of its order without a formal application; therefore, the appeal must be struck out.

Court Disposition

appeal struck out as time barred

Orders

  • appeal struck out
  • no order as to costs