NA TZHC Arusha

NA TZHC Arusha

The court determined whether the alleged irregularities were material and sufficient to affect the outcome of the election, applying the statutory threshold for avoidance under section 112 of the Election Petition Act.

Citation
NA TZHC Arusha
Parties
Petitioner: Dr. Stephen Lemomo Kiruswa; 1st Respondent: Onesmo Koimerek Nangole; 2nd Respondent: The Hon. Attorney General; 3rd Respondent: The Returning Officer for Longido Parliamentary Constituency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2010
Procedural Posture
Election Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Parliamentary Elections, Election Results, Petition for Avoidance of Election
Source Language
English
Election Law Constitutional Law Parliamentary Elections Election Results Petition for Avoidance of Election

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Parties

Dr. Stephen Lemomo Kiruswa

Petitioner

Onesmo Koimerek Nangole

1st Respondent

The Hon. Attorney General

2nd Respondent

The Returning Officer for Longido Parliamentary Constituency

3rd Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the election of Onesmo Koimerek Nangole as Member of Parliament for Longido Constituency should be avoided under section 112 of the Election Petition Act Cap 343

Ratio Decidendi

The court determined whether the alleged irregularities were material and sufficient to affect the outcome of the election, applying the statutory threshold for avoidance under section 112 of the Election Petition Act.

Court Disposition

petition dismissed