robert jumanne magige vs district executive director cum returning officer others 2010 tzhc 425 4 may 2010

robert jumanne magige vs district executive director cum returning officer others 2010 tzhc 425 4 may 2010

The third party notice is misconceived as there is no legal or equitable basis for indemnity or contribution from the third party. The 1st defendant, as Returning Officer, made an independent decision and is not bound by the information supplied by the third party. No right of indemnity arises against the third party in these circumstances.

Citation
robert jumanne magige vs district executive director cum returning officer others 2010 tzhc 425 4 may 2010
Parties
Plaintiff: Robert Jumannem Magige; 1st Defendant: District Executive Director cum Returning Officer; 2nd Defendant: Attorney General; 3rd Party: Nimrod E. Mkono
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 May 2010
Procedural Posture
Civil / Ruling on Preliminary Objection to Third Party Notice
Outcome
Third party notice set aside; third party discharged with costs
Legal Topics
Third Party Procedure, Indemnity, Defamation, Election Disqualification
Source Language
English
Civil Procedure Election Law Third Party Procedure Indemnity Defamation Election Disqualification

Case Brief

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Parties

Robert Jumannem Magige

Plaintiff

District Executive Director cum Returning Officer

1st Defendant

Attorney General

2nd Defendant

Nimrod E. Mkono

3rd Party

Procedural Posture

Civil / Ruling on Preliminary Objection to Third Party Notice

Legal Issues

  1. 1 Whether the third party notice against Nimrod E. Mkono is maintainable under Order 1 Rule 14 of the Civil Procedure Code
  2. 2 Whether the 1st and 2nd defendants are entitled to indemnity or contribution from the 3rd party
  3. 3 Whether the preliminary objection raises a pure point of law

Ratio Decidendi

The third party notice is misconceived as there is no legal or equitable basis for indemnity or contribution from the third party. The 1st defendant, as Returning Officer, made an independent decision and is not bound by the information supplied by the third party. No right of indemnity arises against the third party in these circumstances.

Court Disposition

Third party notice set aside; third party discharged with costs

Orders

  • Third party notice against Nimrod E. Mkono set aside
  • Nimrod E. Mkono discharged as third party