NA TZCA Dar es Salaam4

NA TZCA Dar es Salaam4

The inclusion of 199 votes from Roche and 170 votes from Soroneta polling stations, both cast in violation of the Elections Act, affected the result of the election given the margin of victory was only 53 votes. Therefore, the election result could not stand.

Citation
NA TZCA Dar es Salaam4
Parties
Appellant: Casmir Bigacho Ndege; 1st Respondent: Edward Oyombe Ayila; 2nd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 1985
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Election Petitions, Non Compliance With Electoral Law, Invalid Votes, Margin of Victory, Corrupt Practices, Citizenship Qualification
Source Language
English
Election Law Civil Procedure Election Petitions Non Compliance With Electoral Law Invalid Votes Margin of Victory Corrupt Practices Citizenship Qualification

Case Brief

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Parties

Casmir Bigacho Ndege

Appellant

Edward Oyombe Ayila

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the inclusion of votes cast at Roche and Soroneta polling stations, in contravention of the Elections Act, affected the result of the election.
  2. 2 Whether the non-compliance with the Elections Act at the two polling stations invalidated the election result.
  3. 3 Whether allegations of corrupt practices and citizenship against the 1st respondent were established.

Ratio Decidendi

The inclusion of 199 votes from Roche and 170 votes from Soroneta polling stations, both cast in violation of the Elections Act, affected the result of the election given the margin of victory was only 53 votes. Therefore, the election result could not stand.

Court Disposition

Appeal allowed

Orders

  • The election result is set aside.