saidi salehe mbweto vs abdallah omari kigoda another 2006 tzhc 205 12 may 2006

saidi salehe mbweto vs abdallah omari kigoda another 2006 tzhc 205 12 may 2006

The petition and application were filed out of time without leave of court, the Returning Officer was improperly joined as a party without court consent, and the application cited inapplicable legal provisions, rendering both the petition and application incompetent and liable to be struck out.

Citation
saidi salehe mbweto vs abdallah omari kigoda another 2006 tzhc 205 12 may 2006
Parties
Applicant: Saidi Salehe Mbweto; 1st Respondent: Abdallah Omari Kigoda; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 2006
Procedural Posture
Misc. Civil Application (election Petition) / Ruling on Preliminary Objections
Outcome
Petition and application struck out with costs
Legal Topics
Limitation of Actions, Proper Parties, Security for Costs, Defective Pleadings
Source Language
English
Election Law Civil Procedure Limitation of Actions Proper Parties Security for Costs Defective Pleadings

Case Brief

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Parties

Saidi Salehe Mbweto

Applicant

Abdallah Omari Kigoda

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Misc. Civil Application (election Petition) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the election petition and application for waiver of security for costs are time-barred
  2. 2 Whether the petition improperly joined the Returning Officer as a party without court consent
  3. 3 Whether the application was made under the correct legal provisions

Ratio Decidendi

The petition and application were filed out of time without leave of court, the Returning Officer was improperly joined as a party without court consent, and the application cited inapplicable legal provisions, rendering both the petition and application incompetent and liable to be struck out.

Court Disposition

Petition and application struck out with costs

Orders

  • Petition struck out with costs
  • Application for waiver of security for costs struck out with costs