20160729 TZHC Arusha

20160729 TZHC Arusha

The trial court did not err in law or fact; the issue of illegal campaign was pleaded, the extension of the time frame was lawfully granted, functus officio did not apply, the complaint was properly lodged, and the evidence as a whole—including witness testimony and documentary exhibits—proved the case beyond reasonable doubt. The appeal lacked merit and was dismissed.

Citation
20160729 TZHC Arusha
Parties
1st Appellant: Ally Shabani Mhimban; 2nd Appellant: The Returning Officer; 3rd Appellant: The Attorney General; Respondent: Jackson Buu Haibei
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 2016
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Election Petitions, Defamation in Elections, Pleading and Amendment, Functus Officio, Standard of Proof in Election Matters
Source Language
English
Election Law Civil Procedure Election Petitions Defamation in Elections Pleading and Amendment Functus Officio Standard of Proof in Election Matters

Case Brief

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Parties

Ally Shabani Mhimban

1st Appellant

The Returning Officer

2nd Appellant

The Attorney General

3rd Appellant

Jackson Buu Haibei

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred by deciding on matters not pleaded in the amended election petition
  2. 2 Whether the trial court acted contrary to the principle of functus officio
  3. 3 Whether the trial court misapplied Rule 20 of the Local Authorities (Election Petitions) Rules, 2010

Ratio Decidendi

The trial court did not err in law or fact; the issue of illegal campaign was pleaded, the extension of the time frame was lawfully granted, functus officio did not apply, the complaint was properly lodged, and the evidence as a whole—including witness testimony and documentary exhibits—proved the case beyond reasonable doubt. The appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed for lack of merit
  • Costs awarded to the respondent