19970226 TZHC Dar es Salaam

Since the agreed issues included the question of whether the second respondent and/or his agents bribed the electorate, the respondents could not object to evidence on that issue, and the amendment was superfluous. The appeal was dismissed as the respondents were bound by the agreed issues.

Citation: 19970226 TZHC Dar es Salaam
Parties: Appellant: Ibrahim Said Msabaha; 1st Respondent: Lutter Symphorian Nelson; 2nd Respondent: The Attorney General
Court: TZHC
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, Adjournments, Evidence on Agreed Issues
Source Language: English

Civil Procedure Election Law Pleadings Amendment of Pleadings Agreed Issues Adjournments Evidence on Agreed Issues

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Parties

Ibrahim Said Msabaha

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 Whether the trial judge erred in allowing amendment of the petition to include 'and/or his agents' in the bribery allegation
2 Whether evidence could be led on matters not specifically pleaded but covered by agreed issues

Ratio Decidendi

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 is to bear its own costs of the appeal.