19811114 TZCA Dar es Salaam

19811114 TZCA Dar es Salaam

The appellant's delivery of hoes to voters constituted a corrupt practice under section 123(3)(d) of the Elections Act, 1970, which is sufficient to nullify the election. The display of the appellant's photograph near a polling station was a misconduct but not an illegal practice within the meaning of the Act and, without evidence that it affected the majority of voters, could not alone void the election.

Citation
19811114 TZCA Dar es Salaam
Parties
Appellant: Rev. Simon Eliya Chiwanga; Respondent: Rev. Severino Andrea Supa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 November 1981
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Electoral Malpractice, Corrupt Practices, Illegal Practices, Burden of Proof, Nullification of Election Results
Source Language
English
Election Law Civil Procedure Electoral Malpractice Corrupt Practices Illegal Practices Burden of Proof Nullification of Election Results

Case Brief

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Parties

Rev. Simon Eliya Chiwanga

Appellant

Rev. Severino Andrea Supa

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether displaying a candidate's photograph on a vehicle near a polling station constitutes an illegal practice under section 119(1) of the Elections Act, 1970
  2. 2 Whether delivery of hoes by the appellant to voters constituted a corrupt practice sufficient to nullify the election

Ratio Decidendi

The appellant's delivery of hoes to voters constituted a corrupt practice under section 123(3)(d) of the Elections Act, 1970, which is sufficient to nullify the election. The display of the appellant's photograph near a polling station was a misconduct but not an illegal practice within the meaning of the Act and, without evidence that it affected the majority of voters, could not alone void the election.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be taxed