20160725 TZHC Arusha

20160725 TZHC Arusha

The evidence established that the 3rd appellant conducted illegal campaign on election day, spreading false information about the respondent, which prevented voters from electing their preferred candidate. Contradictions regarding the vehicle used were minor and did not affect the core issue. The trial court properly evaluated the evidence and found the respondent's witnesses credible. The requirements of section 107(2)(a) of the Local Authorities (Elections) Act Cap 292 were met, justifying nullification of the election.

Citation
20160725 TZHC Arusha
Parties
Appellant: Election Returning Officer, Arumeru District; Appellant: Assistant Returning Officer, Mateves Ward; Appellant: Julius Mollel; Appellant: Attorney General; Respondent: Abel Ole Leken
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 July 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Illegal Campaign Practices, Nullification of Election Results, Standard of Proof in Election Petitions, Credibility of Witnesses
Source Language
English
Election Law Civil Procedure Illegal Campaign Practices Nullification of Election Results Standard of Proof in Election Petitions Credibility of Witnesses

Case Brief

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Parties

Election Returning Officer, Arumeru District

Appellant

Assistant Returning Officer, Mateves Ward

Appellant

Julius Mollel

Appellant

Attorney General

Appellant

Abel Ole Leken

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in law and fact in nullifying the Mateves Ward Councilor election for illegal campaign by the 3rd appellant
  2. 2 Whether the trial court failed to properly evaluate the evidence of the respondent

Ratio Decidendi

The evidence established that the 3rd appellant conducted illegal campaign on election day, spreading false information about the respondent, which prevented voters from electing their preferred candidate. Contradictions regarding the vehicle used were minor and did not affect the core issue. The trial court properly evaluated the evidence and found the respondent's witnesses credible. The requirements of section 107(2)(a) of the Local Authorities (Elections) Act Cap 292 were met, justifying nullification of the election.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety with costs.
  • The decision of the trial court declaring the Mateves Ward, Arumeru District, Arusha Region councilor election null and void is upheld.