19980611 TZHC Dar es Salaam

19980611 TZHC Dar es Salaam

The court found that while some irregularities and defamatory statements occurred, they were not of such gravity, nor were they inexcusable or indefensible, as to have affected the overall result of the election. The cumulative effect of the proved irregularities did not render the election unfree or unfair. The burden of proof was not met to the required standard to nullify the election.

Citation
19980611 TZHC Dar es Salaam
Parties
Petitioner: Azim Suleman Premji; First Respondent: The Attorney General; Second Respondent: Dr. Aman Walid Kabourou
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 June 1998
Procedural Posture
Election Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Election Irregularities, Defamation in Election Campaigns, Burden of Proof in Election Petitions, Nullification of Election Results, Electoral Process Fairness
Source Language
English
Election Law Constitutional Law Defamation Election Irregularities Defamation in Election Campaigns Burden of Proof in Election Petitions Nullification of Election Results Electoral Process Fairness

Case Brief

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Parties

Azim Suleman Premji

Petitioner

The Attorney General

First Respondent

Dr. Aman Walid Kabourou

Second Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether there were sufficient ballot papers at polling stations and if shortages affected voting
  2. 2 Whether polling stations opened late and closed early, affecting voters
  3. 3 Whether lack of lighting at polling stations prevented voting

Ratio Decidendi

The court found that while some irregularities and defamatory statements occurred, they were not of such gravity, nor were they inexcusable or indefensible, as to have affected the overall result of the election. The cumulative effect of the proved irregularities did not render the election unfree or unfair. The burden of proof was not met to the required standard to nullify the election.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed with costs
  • Election of Dr. Aman Walid Kabourou as Member of Parliament for Kigoma Urban Constituency confirmed