On 1st November, 2019 the petitioner herein filed this
petition by way of originating summons supported by an affidavit of the
petitioner seeking inter alia for the main orders and relief(s) that the
appointment of the 3rd and 4th Respondents as members of
the National Electoral Commission (NEC) is unconstitutional for violating
Articles 21 (1) and (2) and 26 (1) of the Constitution of the United Republic
of Tanzania of 1977, as amended from time to time and to declare the said
appointments as invalid.
In reply to the said petition, the Respondents herein
raised plea in limine litis on two points to the effect that:
a) The
affidavit in support of the petition is fatally defective for containing an
incurable defective verification clause; and
b) The
affidavit in support of the petition is incurably defective for contravening
the provision of Order XIX rule 3 of the Civil Procedure Code [Cap 33 R.E.
2002].
In view of the above, the Respondent prayed before this
court for the dismissal of the petition, the petitioner to bear cost of the
petition and any relief this court may deem fit to grant.