boniface anyisile mwabukusi vs atupele fredy mwakibete others 2021 tzhc 9093 6 october 2021

boniface anyisile mwabukusi vs atupele fredy mwakibete others 2021 tzhc 9093 6 october 2021

The preliminary objection was prematurely brought as time for depositing assessed costs started after the Court of Appeal's decision; withdrawal is permitted and costs are awarded to respondents.

Citation
boniface anyisile mwabukusi vs atupele fredy mwakibete others 2021 tzhc 9093 6 october 2021
Parties
Petitioner: Boniface Anyisile Mwambukusi; 1st Respondent: Atupele Fredy Mwakibete; 2nd Respondent: The Returning Officer Busokelo Constituency; 3rd Respondent: The Honourable Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 October 2021
Procedural Posture
Election Petition / Ruling on Withdrawal and Costs
Outcome
petition withdrawn with costs
Legal Topics
Security for Costs, Withdrawal of Petition, Preliminary Objection, Costs
Source Language
English
Election Law Civil Procedure Security for Costs Withdrawal of Petition Preliminary Objection Costs

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Parties

Boniface Anyisile Mwambukusi

Petitioner

Atupele Fredy Mwakibete

1st Respondent

The Returning Officer Busokelo Constituency

2nd Respondent

The Honourable Attorney General

3rd Respondent

Procedural Posture

Election Petition / Ruling on Withdrawal and Costs

Legal Issues

  1. 1 Whether the petitioner can withdraw the election petition without conceding to the preliminary objection
  2. 2 Whether costs should be awarded upon withdrawal
  3. 3 Whether the preliminary objection was properly raised

Ratio Decidendi

The preliminary objection was prematurely brought as time for depositing assessed costs started after the Court of Appeal's decision; withdrawal is permitted and costs are awarded to respondents.

Court Disposition

petition withdrawn with costs

Orders

  • Petitioner is granted leave to withdraw the petition.
  • Petitioner shall pay costs to respondents.