attorney general returning officer of igunga constituency another vs joseph mwandu kashindye 2013 tzca 238 9 may 2013

attorney general returning officer of igunga constituency another vs joseph mwandu kashindye 2013 tzca 238 9 may 2013

The High Court lacked jurisdiction to hear the petition as there was no proof of compliance with the order to deposit security for costs; all proceedings from 26th March 2012 are a nullity and the appeal is allowed on this ground alone.

Citation
attorney general returning officer of igunga constituency another vs joseph mwandu kashindye 2013 tzca 238 9 may 2013
Parties
1st Appellant: Attorney General and Returning Officer of Igunga Constituency; 2nd Appellant: Dalaly Peter Kafumu; Respondent: Joseph Mwandu Kashindye
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 May 2013
Procedural Posture
Civil Appeal / Judgment on Consolidated Appeals From High Court Decision in Election Petition
Outcome
Appeal allowed; High Court proceedings declared null and void; second appellant restored to parliamentary seat; costs awarded to appellants.
Legal Topics
Election Petitions, Security for Costs, Jurisdiction, Nullity of Proceedings
Source Language
English
Election Law Civil Procedure Election Petitions Security for Costs Jurisdiction Nullity of Proceedings

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Parties

Attorney General and Returning Officer of Igunga Constituency

1st Appellant

Dalaly Peter Kafumu

2nd Appellant

Joseph Mwandu Kashindye

Respondent

Procedural Posture

Civil Appeal / Judgment on Consolidated Appeals From High Court Decision in Election Petition

Legal Issues

  1. 1 Whether the High Court had jurisdiction to hear the election petition without proof of deposit of security for costs as required by law
  2. 2 Whether non-compliance with section 111 of the National Elections Act renders proceedings a nullity

Ratio Decidendi

The High Court lacked jurisdiction to hear the petition as there was no proof of compliance with the order to deposit security for costs; all proceedings from 26th March 2012 are a nullity and the appeal is allowed on this ground alone.

Court Disposition

Appeal allowed; High Court proceedings declared null and void; second appellant restored to parliamentary seat; costs awarded to appellants.

Orders

  • Proceedings of the High Court from 26th March 2012 declared null and void.
  • Second appellant restored to his seat as Member of Parliament for Igunga Constituency.