20161128 TZCA Dar es Salaam

20161128 TZCA Dar es Salaam

Failure to include the extracted drawn order in the revision application is incurably fatal and renders the application incompetent; there is no patent illegality in the High Court proceedings to warrant the Court's intervention suo motu.

Citation
20161128 TZCA Dar es Salaam
Parties
Applicant: Nundu Omari Rashid; 1st Respondent: The Returning Officer Tanga Constituency in Tanga City; 2nd Respondent: Attorney General; 3rd Respondent: Mussa Bakari Mbarouk
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2016
Procedural Posture
Civil Application for Revision / Ruling on Competence of Application
Outcome
Application struck out as incompetent
Legal Topics
Revision Jurisdiction, Competence of Application, Election Petition Procedure, Requirement of Drawn Order
Source Language
English
Civil Procedure Election Law Appellate Practice Revision Jurisdiction Competence of Application Election Petition Procedure Requirement of Drawn Order

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Parties

Nundu Omari Rashid

Applicant

The Returning Officer Tanga Constituency in Tanga City

1st Respondent

Attorney General

2nd Respondent

Mussa Bakari Mbarouk

3rd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Competence of Application

Legal Issues

  1. 1 Whether omission of the extracted drawn order renders the revision application incompetent
  2. 2 Whether the Court can proceed to determine the application in absence of the drawn order

Ratio Decidendi

Failure to include the extracted drawn order in the revision application is incurably fatal and renders the application incompetent; there is no patent illegality in the High Court proceedings to warrant the Court's intervention suo motu.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs