peter babeere others vs chacha zakayo wangwe another 2006 tzhc 112 31 january 2006

peter babeere others vs chacha zakayo wangwe another 2006 tzhc 112 31 january 2006

Applicants failed to prove indigence or undue hardship; their ability to afford counsel from Dar es Salaam and lack of evidence supporting poverty claims indicate they can pay security for costs. They are not automatically exempt as they did not seek legal aid under the prescribed schemes.

Citation
peter babeere others vs chacha zakayo wangwe another 2006 tzhc 112 31 january 2006
Parties
Applicant: Peter Babeere; Applicant: Francis Waisaka Ronanda; Applicant: Charles Andrea; Applicant: Yakobo Thomas; Respondent: L. Chacha Zakayo Wangwe; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Exemption From Payment of Security for Costs
Outcome
Application for exemption from payment of security for costs dismissed.
Legal Topics
Security for Costs, Exemption for Indigent Litigants, Election Petition Procedure
Source Language
English
Civil Procedure Election Law Security for Costs Exemption for Indigent Litigants Election Petition Procedure

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Parties

Peter Babeere

Applicant

Francis Waisaka Ronanda

Applicant

Charles Andrea

Applicant

Yakobo Thomas

Applicant

L. Chacha Zakayo Wangwe

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Exemption From Payment of Security for Costs

Legal Issues

  1. 1 Whether the applicants qualify as indigent persons for exemption from payment of security for costs
  2. 2 Whether payment of security for costs would cause undue hardship to the applicants
  3. 3 Whether the applicants are automatically entitled to exemption from payment of security for costs under the law

Ratio Decidendi

Applicants failed to prove indigence or undue hardship; their ability to afford counsel from Dar es Salaam and lack of evidence supporting poverty claims indicate they can pay security for costs. They are not automatically exempt as they did not seek legal aid under the prescribed schemes.

Court Disposition

Application for exemption from payment of security for costs dismissed.

Orders

  • Applicants to pay three million shillings as security for costs in respect of each respondent within fourteen days.
  • Alternatively, applicants may deposit a title deed for immovable property worth not less than six million shillings.