katani a katani vs the returning officer tandahima others 2012 tzca 8 2 july 2012

katani a katani vs the returning officer tandahima others 2012 tzca 8 2 july 2012

Section 111(3) of the National Elections Act is mandatory and requires every petitioner, regardless of financial ability, to make an application for determination of the amount payable as security for costs within fourteen days of filing the petition. Direct payment of the maximum amount without such application...

Source-derived case information.

Citation
katani a katani vs the returning officer tandahima others 2012 tzca 8 2 july 2012
Parties
Appellant: Katani A. Katani; Respondent: The Returning Officer Tandahima District; Respondent: Attorney General; Respondent: Njwayo J. Abdallah
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Security for Costs, Statutory Interpretation, Election Petitions, Procedural Compliance
Source Language
english
Election Law Civil Procedure Security for Costs Statutory Interpretation Election Petitions Procedural Compliance

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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

Section 111(3) of the National Elections Act is mandatory and requires every petitioner, regardless of financial ability, to make an application for determination of the amount payable as security for costs within fourteen days of filing the petition. Direct payment of the maximum amount without such application does not comply with the law. Non-compliance with this requirement is fatal to the petition and not a mere technicality.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.