20151216 TZHC Dodoma

20151216 TZHC Dodoma

The defects in the title of the application are curable under Rule 32(1) as they do not cause a miscarriage of justice. The law does not require two separate applications for determination and exemption of security for costs; combining both prayers in one application is permissible as there is no specific law prohibiting it. Multiplicity of proceedings should be avoided unless expressly required by law.

Citation
20151216 TZHC Dodoma
Parties
Applicant: Oscar Alex Kapalale; 1st Respondent: Allan Joseph Kiula; 2nd Respondent: Returning Officer of Mkalama Constituency; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed; application struck out with leave to amend title and re-file
Legal Topics
Security for Costs, Preliminary Objection, Election Petition Procedure, Omnibus Applications
Source Language
English
Civil Procedure Election Law Security for Costs Preliminary Objection Election Petition Procedure Omnibus Applications

Case Brief

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Parties

Oscar Alex Kapalale

Applicant

Allan Joseph Kiula

1st Respondent

Returning Officer of Mkalama Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incurably defective for failure to comply with prescribed title format under election petition rules
  2. 2 Whether combining prayers for determination and exemption of security for costs in one application is incompetent or bad in law
  3. 3 Whether the application is an omnibus application contrary to mandatory provisions

Ratio Decidendi

The defects in the title of the application are curable under Rule 32(1) as they do not cause a miscarriage of justice. The law does not require two separate applications for determination and exemption of security for costs; combining both prayers in one application is permissible as there is no specific law prohibiting it. Multiplicity of proceedings should be avoided unless expressly required by law.

Court Disposition

Preliminary objections dismissed; application struck out with leave to amend title and re-file

Orders

  • All three points of preliminary objection dismissed with costs
  • Application struck out with order to amend title in compliance with Form A and re-file with costs