juma kaisi chanduko vs thabit abdallah musa others 2016 tzhc 2216 24 march 2016

juma kaisi chanduko vs thabit abdallah musa others 2016 tzhc 2216 24 march 2016

The trial court erred in admitting Exhibit D1 without sufficient reasons as required by Order XIII Rule 2 of the Civil Procedure Code, but the appellant failed to prove his case on the merits, as he did not provide sufficient evidence to establish that he was the lawful winner of the election or that the first announcement was valid.

Citation
juma kaisi chanduko vs thabit abdallah musa others 2016 tzhc 2216 24 march 2016
Parties
Appellant: Juma Kaisi Chanduko; 1st Respondent: Thabit Abdallah Musa; 2nd Respondent: Assistant Returning Officer for Muhukuru Nakawale; 3rd Respondent: Returning Officer Songea Rural District
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 March 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Burden of Proof, Election Disputes, Procedural Compliance
Source Language
English
Election Law Civil Procedure Admissibility of Evidence Burden of Proof Election Disputes Procedural Compliance

Case Brief

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Parties

Juma Kaisi Chanduko

Appellant

Thabit Abdallah Musa

1st Respondent

Assistant Returning Officer for Muhukuru Nakawale

2nd Respondent

Returning Officer Songea Rural District

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in admitting Exhibit D1 after the appellant closed his case
  2. 2 Whether the trial court erred in treating the question of two election result declarations as a disputable allegation
  3. 3 Whether the trial court erred in not holding that Exhibit D1 could not be superior to oral testimony

Ratio Decidendi

The trial court erred in admitting Exhibit D1 without sufficient reasons as required by Order XIII Rule 2 of the Civil Procedure Code, but the appellant failed to prove his case on the merits, as he did not provide sufficient evidence to establish that he was the lawful winner of the election or that the first announcement was valid.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Order admitting Exhibit D1 set aside and Exhibit D1 expunged from the record