augustine lyatonga mrema vs national electroral commission another 2005 tzhc 201 20 december 2005

augustine lyatonga mrema vs national electroral commission another 2005 tzhc 201 20 december 2005

The applicant failed to provide original documentary evidence of alleged rigging and did not establish sufficient grounds for the court to restrain the announcement of election results; thus, the application for an ex parte interim order was dismissed.

Citation
augustine lyatonga mrema vs national electroral commission another 2005 tzhc 201 20 december 2005
Parties
Applicant: Augustine Lyatonga Mrema; 1st Respondent: The National Electoral Commission; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 2005
Procedural Posture
Civil / Ex Parte Interim Order Ruling
Outcome
application dismissed
Legal Topics
Interim Injunction, Electoral Disputes, Vote Rigging Allegations
Source Language
English
Election Law Civil Procedure Interim Injunction Electoral Disputes Vote Rigging Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Augustine Lyatonga Mrema

Applicant

The National Electoral Commission

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil / Ex Parte Interim Order Ruling

Legal Issues

  1. 1 Whether the court should restrain the National Electoral Commission from announcing presidential election results pending investigation of alleged vote rigging

Ratio Decidendi

The applicant failed to provide original documentary evidence of alleged rigging and did not establish sufficient grounds for the court to restrain the announcement of election results; thus, the application for an ex parte interim order was dismissed.

Court Disposition

application dismissed

Orders

  • Chamber summons ex parte is dismissed.
  • If the Chairman of the National Electoral Commission has not yet announced the results, he should proceed to do so.