20060522 TZHC Arusha

20060522 TZHC Arusha

The Civil Procedure Code, including Order VI Rule 15, applies to election petitions except where it conflicts with the Act or Rules. The defect in verification is not fatal and is curable by amendment under Order VI Rule 17. The petition should not be struck out for this irregularity.

Citation
20060522 TZHC Arusha
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
22 May 2006
Procedural Posture
Election Petition / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed; leave to amend granted
Legal Topics
Verification of Pleadings, Application of Civil Procedure Code to Election Petitions, Amendment of Pleadings
Source Language
English
Election Law Civil Procedure Verification of Pleadings Application of Civil Procedure Code 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 Objections

Legal Issues

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

Ratio Decidendi

The Civil Procedure Code, including Order VI Rule 15, applies to election petitions except where it conflicts with the Act or Rules. The defect in verification is not fatal and is curable by amendment under Order VI Rule 17. The petition should not be struck out for this irregularity.

Court Disposition

preliminary objections dismissed; leave to amend granted

Orders

  • Objections on verification overruled and dismissed.
  • Petitioners granted leave to amend the verification clause in accordance with Order VI Rule 15 of the Civil Procedure Code.