NA TZCA Dar es Salaam2

NA TZCA Dar es Salaam2

Illegal campaigns constitute acts of non-compliance with the Elections Act, 1985, not illegal practices. Such acts only void an election if they affect the result. Given the margin of victory, the acts of non-compliance did not affect the result, and the election is confirmed.

Citation
NA TZCA Dar es Salaam2
Parties
Appellant: Basil Pesambili Mramba; Appellant: The Hon. Attorney-General; Respondent: Leons Silayo Ngalai
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 October 1985
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Illegal Campaign Practices, Burden of Proof, Standard of Proof, Non Compliance With Election Statutes
Source Language
English
Election Law Civil Procedure Illegal Campaign Practices Burden of Proof Standard of Proof Non Compliance With Election Statutes

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Parties

Basil Pesambili Mramba

Appellant

The Hon. Attorney-General

Appellant

Leons Silayo Ngalai

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether illegal campaigns constitute illegal practices under the Elections Act, 1985
  2. 2 Whether the acts of non-compliance affected the result of the election
  3. 3 Standard of proof in election petitions

Ratio Decidendi

Illegal campaigns constitute acts of non-compliance with the Elections Act, 1985, not illegal practices. Such acts only void an election if they affect the result. Given the margin of victory, the acts of non-compliance did not affect the result, and the election is confirmed.

Court Disposition

appeal allowed

Orders

  • Election of Mramba confirmed
  • Costs awarded to appellants here and below