joseph gwandu bea others vs philip sanka marmo another 2006 tzhc 284 18 may 2006

joseph gwandu bea others vs philip sanka marmo another 2006 tzhc 284 18 may 2006

Defects in the verification clause of the election petition, specifically failure to comply with Order VI Rule 15 of the Civil Procedure Code, do not render the petition incurably defective or incompetent. Such irregularities are curable by amendment under Order VI Rule 17, and the petitioners are granted leave to amend the verification clause accordingly.

Citation
joseph gwandu bea others vs philip sanka marmo another 2006 tzhc 284 18 may 2006
Parties
Petitioner: Joseph Gwandu Bea; Petitioner: Richard Jacob Sulle; Petitioner: Alex Evarist Gituda; Respondent: Philip Sanka Marmo; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 May 2006
Procedural Posture
Election Petition / Ruling on Preliminary Objection
Outcome
preliminary objections dismissed; leave to amend granted
Legal Topics
Verification of Pleadings, Application of Civil Procedure to Election Petitions, Amendment of Pleadings
Source Language
English
Election Law Civil Procedure Verification of Pleadings Application of Civil Procedure to Election Petitions Amendment of Pleadings

Case Brief

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Parties

Joseph Gwandu Bea

Petitioner

Richard Jacob Sulle

Petitioner

Alex Evarist Gituda

Petitioner

Philip Sanka Marmo

Respondent

The Attorney General

Respondent

Procedural Posture

Election Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Civil Procedure Code applies to election petitions
  2. 2 Whether the petition is defective for lack of proper verification under Order VI Rule 15 of the Civil Procedure Code
  3. 3 Whether defects in verification clause are fatal or curable by amendment

Ratio Decidendi

Defects in the verification clause of the election petition, specifically failure to comply with Order VI Rule 15 of the Civil Procedure Code, do not render the petition incurably defective or incompetent. Such irregularities are curable by amendment under Order VI Rule 17, and the petitioners are granted leave to amend the verification clause accordingly.

Court Disposition

preliminary objections dismissed; leave to amend granted

Orders

  • Petitioners granted leave to amend the verification clause in accordance with Order VI Rule 15 of the Civil Procedure Code.
  • Amended petition to be filed within two weeks from 24/05/2006.