20120622 TZCA Mtwara1

20120622 TZCA Mtwara1

Compliance with section 111(3) of the National Elections Act, requiring an application to the court for determination of the amount payable as security for costs, is mandatory for all petitioners regardless of their ability to pay. Depositing the maximum amount without such application is invalid and constitutes...

Source-derived case information.

Citation
20120622 TZCA Mtwara1
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 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Security for Costs, Statutory Interpretation, Preliminary Objection, Procedural Compliance
Source Language
english
Election Law Civil Procedure Security for Costs Statutory Interpretation Preliminary Objection 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 court determination under section 111(3) of the National Elections Act is valid
  2. 2 Whether non-compliance with section 111(3) is a mere technicality or fatal to the petition

Ratio Decidendi

Compliance with section 111(3) of the National Elections Act, requiring an application to the court for determination of the amount payable as security for costs, is mandatory for all petitioners regardless of their ability to pay. Depositing the maximum amount without such application is invalid and constitutes non-compliance, which is fatal to the petition.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs