19870807 TZCA Dar es Salaam

19870807 TZCA Dar es Salaam

The evidence did not establish illegal campaigns or corrupt practices by the first respondent to the satisfaction of the court, and the disenfranchisement of 60 voters did not affect the election result given the margin of victory. The appellant's witnesses were unreliable, and the alleged conduct was not proven to be corrupt or illegal under the Elections Act.

Citation
19870807 TZCA Dar es Salaam
Parties
Appellant: Emmanuel Abrahamu Nanyaro; 1st Respondent: Peniel Ole Saitabau; 2nd Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 1987
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Illegal Campaign Practices, Corrupt Practices, Disenfranchisement, Election Nullification
Source Language
English
Election Law Civil Procedure Illegal Campaign Practices Corrupt Practices Disenfranchisement Election Nullification

Case Brief

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Parties

Emmanuel Abrahamu Nanyaro

Appellant

Peniel Ole Saitabau

1st Respondent

The Hon. Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether alleged illegal campaigns and corrupt practices by the first respondent warranted nullification of the election
  2. 2 Whether disenfranchisement and irregularities at polling stations affected the election result

Ratio Decidendi

The evidence did not establish illegal campaigns or corrupt practices by the first respondent to the satisfaction of the court, and the disenfranchisement of 60 voters did not affect the election result given the margin of victory. The appellant's witnesses were unreliable, and the alleged conduct was not proven to be corrupt or illegal under the Elections Act.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs