william mungai vs cosata chumi another 2015 tzhc 2157 21 december 2015

william mungai vs cosata chumi another 2015 tzhc 2157 21 december 2015

The court determined that the applicant's request was for reduction, not exemption, of security for costs. The statutory maximum is not mandatory, and the court has discretion to set a fair amount considering the circumstances. The applicant did not provide sufficient affidavit evidence of hardship, but the court balanced the statutory objective with access to justice and set the amount at TShs. 2,500,000 per respondent.

Citation
william mungai vs cosata chumi another 2015 tzhc 2157 21 december 2015
Parties
Applicant: William Mungai; First Respondent: Cosato Chumi; Second Respondent: Second Respondent; Third Respondent: Third Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 December 2015
Procedural Posture
Miscellaneous Civil Application (election Petition) / Ruling on Application for Determination of Amount Payable as Security for Costs
Outcome
Application granted in part
Legal Topics
Security for Costs, Election Petition Procedure, Access to Justice
Source Language
English
Election Law Civil Procedure Security for Costs Election Petition Procedure Access to Justice

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Parties

William Mungai

Applicant

Cosato Chumi

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Procedural Posture

Miscellaneous Civil Application (election Petition) / Ruling on Application for Determination of Amount Payable as Security for Costs

Legal Issues

  1. 1 What is the appropriate amount to be paid as security for costs in an election petition under Section 111(3) of the National Elections Act, Cap 343 RE 2015?
  2. 2 Whether the applicant's financial hardship justifies reduction of the security for costs amount.

Ratio Decidendi

The court determined that the applicant's request was for reduction, not exemption, of security for costs. The statutory maximum is not mandatory, and the court has discretion to set a fair amount considering the circumstances. The applicant did not provide sufficient affidavit evidence of hardship, but the court balanced the statutory objective with access to justice and set the amount at TShs. 2,500,000 per respondent.

Court Disposition

Application granted in part

Orders

  • Applicant to pay TShs. 2,500,000 as security for costs in respect of each respondent within 14 days from the date of the decision.
  • Costs in the cause.