Being dissatisfied with election result, the Appellant
instituted an Election Petition, Miscellaneous Civil Case No. 8 of 2005 in the
High Court of Tanzania at Bukoba Urban District. The said Election Petition was
unsuccessful. Hence the present appeal. The Appellant filed notice of appeal
without serving on the first respondent together with the affidavit of service
which does not show the place of attestation. Counsel for the 1st
respondent raised preliminary objection that the appeal is incompetent and the
court should strike it out because the affidavit of service annexed to the
Notice of Appeal is incurably defective and there was no service of notice of
appeal.