Civil Appeal No

Civil Appeal No

Section 111 of the Elections Act does not require a petitioner who is able and willing to deposit the maximum amount of security for costs to make an application for determination; only indigent petitioners who cannot pay the prescribed amount must apply for determination. The decision in Katani A. Katani v The Returning Officer, Tandahimba District and two Others is overruled to this extent and is no longer good law for future cases.

Citation
Civil Appeal No
Parties
Appellant: Chiriko Haruni David; 1st Respondent: Kangi Alphaxard Lugora; 2nd Respondent: The Returning Officer for Mwibara V Constituency; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2013
Procedural Posture
Civil Appeal / Ruling on Reference to Full Bench Regarding Interpretation of Section 111 of the Elections Act
Outcome
Reference determined; Katani decision overruled; matter remitted to ordinary bench for hearing of appeal and cross-appeal.
Legal Topics
Security for Costs in Election Petitions, Statutory Interpretation, Precedent and Overruling, Access to Justice
Source Language
English
Constitutional Law Election Law Civil Procedure Security for Costs in Election Petitions Statutory Interpretation Precedent and Overruling Access to Justice

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Parties

Chiriko Haruni David

Appellant

Kangi Alphaxard Lugora

1st Respondent

The Returning Officer for Mwibara V Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Reference to Full Bench Regarding Interpretation of Section 111 of the Elections Act

Legal Issues

  1. 1 Whether it is mandatory for an election petitioner to make an application for determination of security for costs under Section 111 of the Elections Act, regardless of ability to pay
  2. 2 Whether the decision in Katani A. Katani v The Returning Officer, Tandahimba District and two Others should be overruled or departed from

Ratio Decidendi

Section 111 of the Elections Act does not require a petitioner who is able and willing to deposit the maximum amount of security for costs to make an application for determination; only indigent petitioners who cannot pay the prescribed amount must apply for determination. The decision in Katani A. Katani v The Returning Officer, Tandahimba District and two Others is overruled to this extent and is no longer good law for future cases.

Court Disposition

Reference determined; Katani decision overruled; matter remitted to ordinary bench for hearing of appeal and cross-appeal.

Orders

  • The decision in Katani A. Katani v The Returning Officer, Tandahimba District and two Others is no longer good law and should not be followed from the date of this decision, except as it binds the parties thereto.
  • The ordinary Bench of the Court is to be informed so that the hearing of the appeal and cross-appeal may resume.