Joseph Laurent Haymu and 2 Others versus The AG and Dr Wilbrod Peter Slaa

Joseph Laurent Haymu and 2 Others versus The AG and Dr Wilbrod Peter Slaa; Misc Civil Cause No 20 of 2005: High Court of Tanzania at Arusha (Unreported)

  • Election Petitions

 

  • Rules of Procedure – Whether the CPC applies in election petitions.
  • Verification – defective verification in election petitions -whether curable.
  • Security for costs – whether a petitioner who can pay the maximum amount should apply in court.

Held:-

(i) The CPC applies in election petitions for matters not specifically covered by the Act or Rules.

(ii) A defect in verification of an election petition is curable under Rule 27 of the Rules and, therefore, a party will be ordered to effect some amendments.

(iii) The provision that requires a petitioner to apply to court for the determination of the amount payable as security for cost does not apply to petitioners who are able to pay the maximum amounts mentioned in the Act.

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