Godbless Jonathan Lema versus Musa Hamisi Mkanga and 2 Others; Civil Appeal No 47 of 2012: Court of Appeal of Tanzania at Arusha (Unreported) (Ruling).
- Court of Appeal Rules
- Judgment and degree – Judgment and decree differ on non – substantive matters – Effect.
- Decree – Decree neither sealed nor bears the date it was extracted – Effect.
- Evidence
- Annexure – whether annexure amounts to evidence.
- Evidence Act – whether it must be followed strictly.
- Administrative Law
- Locus standi – what is the source of Locus standi rule?
- Public interest -what is a test for public interest litigations?
- Election Petitions
- Litigations – who has a locus standi to institute election petition?
- Legal method
- Statutory interpretation – Rules applicable.
Held:-
(i) Where the date and substance of the judgment align with a decree, an error of a slip of the pen or a typographical error are not fatal and may be amended under Rule 111 of the Court of Appeal Rules.
(ii) For purposes of appeal, a decree forming the subject matter of appeal would not be vitiated by the omission of the date of issue of the decree and a court seal.
(iii) It is trite law that annexure is not evidence for the court of law to act and rely upon.
(iv) The Evidence Act is intended to provide guidance on how and what evidence can be taken in judicial proceedings in order to prevent or at least minimize the chances of a miscarriage of justice. Without following the basic safeguards in law of evidence a trial court can easily deteriorate into a Kangaroo Court.
(v) Locus stand is governed by common law. The rule is applicable in our courts by virtue of section 2(3) of the current Judicature and Application of Laws Act, Cap 358 R.E 2002 subject to modification to suit the local conditions. Currently in Tanzania has been extended to cater for matters of public interest under Article 26(2) of the constitution then a Citizen of this country has Locus Standi to sue for the benefit of the Society.
(vi) The test whether a litigation is of public interest depends on the nature of the relief sought and its effect.
(vii) Section 111(1)(a) of the National Elections Act gives rights only to registered voter whose rights to vote have been interfered with or violated to institute election petitions.
(viii) In interpreting a statute, if the grammatical construction leads to some absurdity or some repugnance or inconsistently with the rest of the instrument, it may be departed from so as to avoid absurdity and inconsistency.