ibrahim said msabaha vs lutter symphorian nelson and another 1997 tzca 37 26 february 1997

ibrahim said msabaha vs lutter symphorian nelson and another 1997 tzca 37 26 february 1997

Since the agreed issues included the conduct of the respondent and/or his agents, the objection to evidence on that issue was unfounded, and the amendment was superfluous. The respondents cannot complain about an issue they agreed to. The appeal fails.

Citation
ibrahim said msabaha vs lutter symphorian nelson and another 1997 tzca 37 26 february 1997
Parties
Appellant: Ibrahim Said Mbabaha; 1st Respondent: Lutter Symphorian Nelson; 2nd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 1997
Procedural Posture
Civil Appeal / Appeal From Interlocutory Ruling in Election Petition
Outcome
Appeal dismissed
Legal Topics
Pleadings, Amendment of Pleadings, Agreed Issues, Adjournment of Proceedings
Source Language
English
Civil Procedure Election Law Pleadings Amendment of Pleadings Agreed Issues Adjournment of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Ibrahim Said Mbabaha

Appellant

Lutter Symphorian Nelson

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutory Ruling in Election Petition

Legal Issues

  1. 1 Whether the trial judge erred in allowing amendment of the petition to include acts by agents of the respondent
  2. 2 Whether objection to evidence on matters not specifically pleaded was valid given the agreed issues

Ratio Decidendi

Since the agreed issues included the conduct of the respondent and/or his agents, the objection to evidence on that issue was unfounded, and the amendment was superfluous. The respondents cannot complain about an issue they agreed to. The appeal fails.

Court Disposition

Appeal dismissed

Orders

  • The trial in the High Court is to proceed from the point reached before the objection was made.
  • Each side to bear its own costs of the appeal.