yona nguta luwongo vs austin kapere edward shaba and another 1986 tzhc 33 18 july 1986

yona nguta luwongo vs austin kapere edward shaba and another 1986 tzhc 33 18 july 1986

The evidence did not establish that the first respondent organised a meeting for electioneering, gave money corruptly, or that Mchinji threatened voters. The comparison of ballot paper photos was not prejudicial or unlawful. The Political Committee accorded fair and equal opportunity. The petitioner's allegations were unsupported by credible evidence.

Citation
yona nguta luwongo vs austin kapere edward shaba and another 1986 tzhc 33 18 july 1986
Parties
Petitioner: Yona Nguta Luwongo; First Respondent: Austin Kapere Edward Shaba; Second Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 1986
Procedural Posture
Election Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Corrupt Practices, Campaign Conduct, Election Procedure, Equal Opportunity, Election Symbols
Source Language
English
Election Law Administrative Law Corrupt Practices Campaign Conduct Election Procedure Equal Opportunity Election Symbols

Case Brief

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Parties

Yona Nguta Luwongo

Petitioner

Austin Kapere Edward Shaba

First Respondent

The Attorney General

Second Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the first respondent organised a meeting for election campaigning
  2. 2 Whether the sum of shs.2,500/= was given on specific dates
  3. 3 Whether the sum was given in circumstances amounting to corruption

Ratio Decidendi

The evidence did not establish that the first respondent organised a meeting for electioneering, gave money corruptly, or that Mchinji threatened voters. The comparison of ballot paper photos was not prejudicial or unlawful. The Political Committee accorded fair and equal opportunity. The petitioner's allegations were unsupported by credible evidence.

Court Disposition

petition dismissed

Orders

  • Petition dismissed with costs
  • Declaration that Austin Kapere Edward Shaba was legally elected Member of Parliament for Mtwara Urban