fred tungu mpendazoe vs the attorney general others 2011 tzhc 2033 8 march 2011

fred tungu mpendazoe vs the attorney general others 2011 tzhc 2033 8 march 2011

A petitioner who is able and willing to pay the maximum security for costs prescribed under section 111(2) of the National Elections Act may deposit that amount without prior court determination, and the Registrar is obliged to fix a hearing date. The fourteen-day limitation for applying for determination of...

Source-derived case information.

Citation
fred tungu mpendazoe vs the attorney general others 2011 tzhc 2033 8 march 2011
Parties
Applicant: Fred Tungu Mpendazoe; 1st Respondent: The Attorney General; 2nd Respondent: Dr. Milton Makongoro Mahanga; 3rd Respondent: The Returning Officer, Segerea Constituency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 March 2011
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Deposit Security for Costs Without Prior Court Determination
Outcome
Application allowed
Legal Topics
Security for Costs in Election Petitions, Interpretation of National Elections Act Section 111, Access to Justice
Source Language
english
Election Law Civil Procedure Security for Costs in Election Petitions Interpretation of National Elections Act Section 111 Access to Justice

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Parties

Fred Tungu Mpendazoe

Applicant

The Attorney General

1st Respondent

Dr. Milton Makongoro Mahanga

2nd Respondent

The Returning Officer, Segerea Constituency

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Deposit Security for Costs Without Prior Court Determination

Legal Issues

  1. 1 Whether a petitioner can deposit the maximum security for costs under section 111(2) of the National Elections Act without prior court determination
  2. 2 Whether the deposit must be made within fourteen days of filing the petition

Ratio Decidendi

A petitioner who is able and willing to pay the maximum security for costs prescribed under section 111(2) of the National Elections Act may deposit that amount without prior court determination, and the Registrar is obliged to fix a hearing date. The fourteen-day limitation for applying for determination of security for costs does not apply to such a petitioner.

Court Disposition

Application allowed

Orders

  • Petitioner is allowed to deposit the maximum security for costs as requested without prior court determination.
  • Registrar to fix hearing date after deposit is made.