fred tungu mpendazoe vs the attorney general others 2011 tzhc 2035 1 june 2011

fred tungu mpendazoe vs the attorney general others 2011 tzhc 2035 1 june 2011

The inclusion of an 'Affidavit of Verification' does not offend the law as long as it complies with Order VI Rule 15 of the CPC. However, paragraphs 7.4 (in part), 7.5 (in part), 7.6, 7.7, and 7.12 of the petition are vague and lack material particulars, prejudicing the respondents' ability to prepare a defence. The petition was properly presented to the court when the filing fee was paid, and presentation to registry officers did not violate any procedural requirement.

Citation
fred tungu mpendazoe vs the attorney general others 2011 tzhc 2035 1 june 2011
Parties
Petitioner: Fred Tungu Mpendazoe; 1st Respondent: The Attorney General; 2nd Respondent: Dr. Milton Makongoro Mahanga; 3rd Respondent: The Returning Officer, Segerea Constituency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 June 2011
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Preliminary objections partly sustained and partly dismissed; petition to be amended.
Legal Topics
Pleadings, Verification of Petitions, Particulars in Pleadings, Election Petition Procedure
Source Language
English
Civil Procedure Election Law Pleadings Verification of Petitions Particulars in Pleadings Election Petition Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Fred Tungu Mpendazoe

Petitioner

The Attorney General

1st Respondent

Dr. Milton Makongoro Mahanga

2nd Respondent

The Returning Officer, Segerea Constituency

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether inclusion of 'Affidavit of Verification' in the petition offends governing laws
  2. 2 Whether certain paragraphs of the petition are vague and lack material particulars
  3. 3 Whether the amended petition was properly presented to the court

Ratio Decidendi

The inclusion of an 'Affidavit of Verification' does not offend the law as long as it complies with Order VI Rule 15 of the CPC. However, paragraphs 7.4 (in part), 7.5 (in part), 7.6, 7.7, and 7.12 of the petition are vague and lack material particulars, prejudicing the respondents' ability to prepare a defence. The petition was properly presented to the court when the filing fee was paid, and presentation to registry officers did not violate any procedural requirement.

Court Disposition

Preliminary objections partly sustained and partly dismissed; petition to be amended.

Orders

  • References to 4 polling stations of Buguruni Ward, 2 polling stations of Tabata Ward, and 4 polling stations of Kipawa Ward in paragraph 7.4 are struck out for vagueness.
  • Paragraph 7.5 is restricted to the whole of 120 polling stations of Kiwalani Ward and 129 polling stations of Vingunguti Ward.