19871218 TZCA Dar es Salaam

19871218 TZCA Dar es Salaam

The Court of Appeal held that the successful candidate was properly struck out as a party since there was no allegation or evidence of misconduct by him or on his behalf; that the evidence of voter interference was not sufficiently credible or corroborated; that the change of polling stations was properly notified and did not materially affect the election; that the opening of ballot boxes was done in good faith to resolve a practical issue; and that the omission to stamp ballot papers was not deliberate or one-sided. The cumulative effect was that the High Court erred in nullifying the election, and the appeal was allowed, affirming the election result.

Citation
19871218 TZCA Dar es Salaam
Parties
Appellant: Attorney General; 1st Respondent: Amir Zuberi Muya; 2nd Respondent: Abdallah Muya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 December 1987
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Joinder of Parties, Election Petitions, Burden of Proof, Administrative Law, Nullification of Election Results
Source Language
English
Election Law Civil Procedure Joinder of Parties Election Petitions Burden of Proof Administrative Law Nullification of Election Results

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Appellant

Amir Zuberi Muya

1st Respondent

Abdallah Muya

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the successful candidate was properly joined as a party to the election petition
  2. 2 Whether there was undue influence or interference with voters' freedom at polling stations
  3. 3 Whether the change of polling stations without adequate notice contravened the Elections Act

Ratio Decidendi

The Court of Appeal held that the successful candidate was properly struck out as a party since there was no allegation or evidence of misconduct by him or on his behalf; that the evidence of voter interference was not sufficiently credible or corroborated; that the change of polling stations was properly notified and did not materially affect the election; that the opening of ballot boxes was done in good faith to resolve a practical issue; and that the omission to stamp ballot papers was not deliberate or one-sided. The cumulative effect was that the High Court erred in nullifying the election, and the appeal was allowed, affirming the election result.

Court Disposition

appeal allowed

Orders

  • Order nullifying the election set aside
  • Election of Mr. Kihiyo affirmed