katani a katani vs the returning officer tandahima district others 2011 tzca 186 22 june 2011

katani a katani vs the returning officer tandahima district others 2011 tzca 186 22 june 2011

Compliance with section 111(3) of the National Elections Act, requiring an application for determination of the amount payable as security for costs within fourteen days of filing the petition, is mandatory for all petitioners regardless of their ability to pay. Direct payment without such application is...

Source-derived case information.

Citation
katani a katani vs the returning officer tandahima district others 2011 tzca 186 22 june 2011
Parties
Appellant: Katani A. Katani; Respondent: The Returning Officer, Tandahima District; Respondent: Attorney General; Respondent: Njwayo J. Abdallah
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 June 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Security for Costs, Statutory Interpretation, Preliminary Objections, Procedural Compliance
Source Language
english
Election Law Civil Procedure Security for Costs Statutory Interpretation Preliminary Objections Procedural Compliance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Katani A. Katani

Appellant

The Returning Officer, Tandahima District

Respondent

Attorney General

Respondent

Njwayo J. Abdallah

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether depositing security for costs without a prior application for determination of the amount complies with section 111(3) of the National Elections Act
  2. 2 Whether non-compliance with section 111(3) is a mere technicality or a fatal defect

Ratio Decidendi

Compliance with section 111(3) of the National Elections Act, requiring an application for determination of the amount payable as security for costs within fourteen days of filing the petition, is mandatory for all petitioners regardless of their ability to pay. Direct payment without such application is non-compliance and is fatal to the petition.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.