20170825 TZCA Dar es Salaam2

20170825 TZCA Dar es Salaam2

The appeal was struck out as incompetent due to the appellant's failure to include mandatory electronic exhibits (P4 and P8) in the record of appeal, which are considered documents under the Evidence Act and the Electronic Transactions Act. The omission rendered the record incomplete and the appeal incompetent under Rule 96(1) of the Court of Appeal Rules. The Court also held that the lifespan of the appeal was not expired, as it runs from the date of lodging the current appeal, not the initial struck-out appeal.

Citation
20170825 TZCA Dar es Salaam2
Parties
Appellant: Onesmo Nangole; 1st Respondent: Dr. Steven Lemomo Kiruswa; 2nd Respondent/1st Necessary Party: The Hon Attorney General; 3rd Respondent/2nd Necessary Party: The Returning Officer for Longido Parliamentary Constituency
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections
Outcome
appeal struck out as incompetent
Legal Topics
Incompleteness of Record of Appeal, Admissibility of Electronic Evidence, Lifespan of Election Appeals, Supplementary Record Procedure
Source Language
English
Election Law Civil Procedure Evidence Law Incompleteness of Record of Appeal Admissibility of Electronic Evidence Lifespan of Election Appeals Supplementary Record Procedure

Case Brief

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Parties

Onesmo Nangole

Appellant

Dr. Steven Lemomo Kiruswa

1st Respondent

The Hon Attorney General

2nd Respondent/1st Necessary Party

The Returning Officer for Longido Parliamentary Constituency

3rd Respondent/2nd Necessary Party

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the record of appeal is incomplete for non-inclusion of Exhibits P4 and P8 (flash disk and TECNO mobile phone)
  2. 2 Whether the lifespan of the appeal has expired

Ratio Decidendi

The appeal was struck out as incompetent due to the appellant's failure to include mandatory electronic exhibits (P4 and P8) in the record of appeal, which are considered documents under the Evidence Act and the Electronic Transactions Act. The omission rendered the record incomplete and the appeal incompetent under Rule 96(1) of the Court of Appeal Rules. The Court also held that the lifespan of the appeal was not expired, as it runs from the date of lodging the current appeal, not the initial struck-out appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with costs to the 1st respondent and his two advocates.