20110818 TZHC Moshi

20110818 TZHC Moshi

The petitioner's failure to deposit the required security for costs within the stipulated time renders the petition incompetent and necessitates its dismissal under section 111(7) of the National Elections Act Cap 343.

Citation
20110818 TZHC Moshi
Parties
Petitioner: Fuya Godwin Kimbita; Respondent: Hon. Freeman Aikael Mbowe; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2011
Procedural Posture
Miscellaneous Civil Cause / Ruling on Compliance With Security for Costs Order
Outcome
Petition dismissed for want of security for costs.
Legal Topics
Security for Costs, Dismissal for Non Compliance
Source Language
English
Civil Procedure Election Law Security for Costs Dismissal for Non Compliance

Case Brief

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Parties

Fuya Godwin Kimbita

Petitioner

Hon. Freeman Aikael Mbowe

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Compliance With Security for Costs Order

Legal Issues

  1. 1 Whether the petition should be dismissed for failure to deposit security for costs as ordered by the court

Ratio Decidendi

The petitioner's failure to deposit the required security for costs within the stipulated time renders the petition incompetent and necessitates its dismissal under section 111(7) of the National Elections Act Cap 343.

Court Disposition

Petition dismissed for want of security for costs.

Orders

  • Petition dismissed for want of security for costs.
  • Costs to follow the event.