20020618 TZCA Dar es Salaam

20020618 TZCA Dar es Salaam

The trial judge fundamentally misdirected himself in law and fact by engaging in conjecture, taking improper judicial notice, applying double standards to witness credibility, and erroneously requiring corroboration. The evidence established to the required standard that the second respondent and his agent made speeches exploiting tribal differences in relation to the petitioner. Under s. 108(2)(a) of the Elections Act, a single such speech is sufficient to nullify the election, regardless of its effect on the result.

Citation
20020618 TZCA Dar es Salaam
Parties
Appellant: Manju Saluni Msambya; 1st Respondent: The Attorney General; 2nd Respondent: Kifu Gulamhussein Kifu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 June 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Miscellaneous Civil Cause No. 6 of 2000
Outcome
Appeal allowed; High Court decision reversed; election of the second respondent as Member of Parliament for Kigoma South Constituency declared null and void.
Legal Topics
Election Petitions, Burden of Proof, Judicial Notice, Assessment of Witness Credibility, Corroboration in Evidence, Nullification of Election Results, Tribalism in Elections
Source Language
English
Election Law Constitutional Law Civil Procedure Election Petitions Burden of Proof Judicial Notice Assessment of Witness Credibility Corroboration in Evidence +2 more

Case Brief

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Parties

Manju Saluni Msambya

Appellant

The Attorney General

1st Respondent

Kifu Gulamhussein Kifu

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Miscellaneous Civil Cause No. 6 of 2000

Legal Issues

  1. 1 Whether the trial judge misapplied the law and facts in dismissing the election petition
  2. 2 Whether the trial judge erred in taking judicial notice of matters not subject to judicial notice
  3. 3 Whether the trial judge applied double standards in assessing witness credibility

Ratio Decidendi

The trial judge fundamentally misdirected himself in law and fact by engaging in conjecture, taking improper judicial notice, applying double standards to witness credibility, and erroneously requiring corroboration. The evidence established to the required standard that the second respondent and his agent made speeches exploiting tribal differences in relation to the petitioner. Under s. 108(2)(a) of the Elections Act, a single such speech is sufficient to nullify the election, regardless of its effect on the result.

Court Disposition

Appeal allowed; High Court decision reversed; election of the second respondent as Member of Parliament for Kigoma South Constituency declared null and void.

Orders

  • The election of the second respondent as Member of Parliament for Kigoma South Constituency is null and void.
  • The appellant is awarded costs in the Court of Appeal and the High Court.