wilfred so sued muganyizi rwakatare vs hamis so sued kagasheki another 2006 tzhc 282 2 march 2006

wilfred so sued muganyizi rwakatare vs hamis so sued kagasheki another 2006 tzhc 282 2 march 2006

The applicant failed to prove total indigence but demonstrated limited means. The court found he could pay a reduced amount or provide alternative security without suffering considerable hardship. The law allows the court to exercise discretion based on the applicant's financial status, balancing access to justice with the purpose of security for costs.

Citation
wilfred so sued muganyizi rwakatare vs hamis so sued kagasheki another 2006 tzhc 282 2 march 2006
Parties
Petitioner: Wilfred s/o Muganyizi Lwakatare; 1st Respondent: Hamis s/o Sued Kagasheki; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2006
Procedural Posture
Election Petition / Interlocutory Application for Exemption or Reduction of Security for Costs
Outcome
application partially granted
Legal Topics
Security for Costs, Access to Justice, Discretion of Court, Financial Hardship, Election Petitions
Source Language
English
Election Law Civil Procedure Constitutional Law Security for Costs Access to Justice Discretion of Court Financial Hardship Election Petitions

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Parties

Wilfred s/o Muganyizi Lwakatare

Petitioner

Hamis s/o Sued Kagasheki

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Election Petition / Interlocutory Application for Exemption or Reduction of Security for Costs

Legal Issues

  1. 1 Whether the applicant should be exempted from payment of security for costs or allowed to provide alternative security under section 111(5) of the National Elections Act due to alleged financial hardship.

Ratio Decidendi

The applicant failed to prove total indigence but demonstrated limited means. The court found he could pay a reduced amount or provide alternative security without suffering considerable hardship. The law allows the court to exercise discretion based on the applicant's financial status, balancing access to justice with the purpose of security for costs.

Court Disposition

application partially granted

Orders

  • Applicant to pay five hundred thousand shillings (500,000/=) as security for costs for each respondent within fourteen days or alternatively deposit a title deed for immovable property valued at not less than one million shillings.