charles maguta kajege vs mutamwega bhatt muigawya 2009 tzca 23 25 september 2009

charles maguta kajege vs mutamwega bhatt muigawya 2009 tzca 23 25 september 2009

The evidence adduced by the respondent did not prove beyond reasonable doubt that the appellant or his agents committed corrupt practices or bribery with the appellant's knowledge, consent, or approval. The trial judge erred in finding otherwise, and the appeal is allowed, reinstating the appellant as the duly elected Member of Parliament for Mwibara Constituency.

Citation
charles maguta kajege vs mutamwega bhatt muigawya 2009 tzca 23 25 september 2009
Parties
Appellant: Charles Muguta Kajege; Respondent: Mutamwega Bhatt Mugawya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 September 2009
Procedural Posture
Election Petition Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Corrupt Practices in Elections, Burden of Proof, Standard of Proof in Election Petitions, Nomination Irregularities, Illegal Campaign Practices
Source Language
English
Election Law Administrative Law Corrupt Practices in Elections Burden of Proof Standard of Proof in Election Petitions Nomination Irregularities Illegal Campaign Practices

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Parties

Charles Muguta Kajege

Appellant

Mutamwega Bhatt Mugawya

Respondent

Procedural Posture

Election Petition Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether corrupt practices were proved beyond reasonable doubt against the appellant
  2. 2 Whether the appellant or his agents engaged in bribery and illegal campaign practices
  3. 3 Whether the trial judge erred in finding the appellant's campaign manager liable for corrupt practices

Ratio Decidendi

The evidence adduced by the respondent did not prove beyond reasonable doubt that the appellant or his agents committed corrupt practices or bribery with the appellant's knowledge, consent, or approval. The trial judge erred in finding otherwise, and the appeal is allowed, reinstating the appellant as the duly elected Member of Parliament for Mwibara Constituency.

Court Disposition

appeal allowed

Orders

  • Decision of the High Court nullifying the election is set aside.
  • Appellant declared the duly elected Member of Parliament for Mwibara Constituency.