20151216 TZHC Dodoma2

20151216 TZHC Dodoma2

The application’s defect in title is curable under Rule 32(1) and does not warrant dismissal. The law does not require two separate applications for determination and exemption of security for costs; combining the prayers is permissible as there is no specific law barring such combination. Multiplicity of proceedings should be avoided unless expressly required by law.

Citation
20151216 TZHC Dodoma2
Parties
Petitioner/applicant: Oscar Alex Kapalale; 1st Respondent: Allan Joseph Kiula; 2nd Respondent: Returning Officer of Mkalama Constituency; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed; application struck out with leave to amend title and re-file; costs awarded to respondents.
Legal Topics
Security for Costs, Preliminary Objection, Election Petition Procedure, Omnibus Applications, Procedural Defects
Source Language
English
Civil Procedure Election Law Security for Costs Preliminary Objection Election Petition Procedure Omnibus Applications Procedural Defects

Case Brief

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Parties

Oscar Alex Kapalale

Petitioner/applicant

Allan Joseph Kiula

1st Respondent

Returning Officer of Mkalama Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incurably defective for failure to comply with prescribed title format under Rule 5(1) of the National Election (Election Petitions) Rules, 2010.
  2. 2 Whether the applicant can combine prayers for determination of security for costs and exemption from payment of security for costs in a single application.
  3. 3 Whether combining two prayers in one application renders it incompetent as an omnibus application contrary to section 111(3) of the National Elections Act.

Ratio Decidendi

The application’s defect in title is curable under Rule 32(1) and does not warrant dismissal. The law does not require two separate applications for determination and exemption of security for costs; combining the prayers is permissible as there is no specific law barring such combination. Multiplicity of proceedings should be avoided unless expressly required by law.

Court Disposition

Preliminary objections dismissed; application struck out with leave to amend title and re-file; costs awarded to respondents.

Orders

  • All three points of preliminary objection dismissed with costs.
  • Applicant to amend the title of the application to comply with Form A of the Rules and re-file with costs.