19810821 TZCA Dar es Salaam

19810821 TZCA Dar es Salaam

The court held that although there was illegal public campaigning by supporters of the first respondent, there was no evidence that it was done with the consent or approval of the first respondent, nor did it affect the result of the election. Allegations of tribalism and corruption were not substantiated by credible evidence. Non-compliance with election provisions affected only a small number of voters and did not alter the outcome. The appeal was dismissed.

Citation
19810821 TZCA Dar es Salaam
Parties
Appellant: Solomon Alexander Ole Saibull; First Respondent: Hubert Hemed Mbaga; Second Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 August 1981
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Election Petitions, Illegal Practices, Corrupt Practices, Non Compliance With Election Law, Tribalism in Elections
Source Language
English
Election Law Civil Procedure Election Petitions Illegal Practices Corrupt Practices Non Compliance With Election Law Tribalism in Elections

Case Brief

Summary, issues, holding and outcome

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Parties

Solomon Alexander Ole Saibull

Appellant

Hubert Hemed Mbaga

First Respondent

The Hon. Attorney General

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the first respondent exploited tribal differences or engaged in corrupt or illegal practices during the election campaign
  2. 2 Whether non-compliance with election provisions affected the election result
  3. 3 Whether illegal public campaigning by supporters of the first respondent voided the election

Ratio Decidendi

The court held that although there was illegal public campaigning by supporters of the first respondent, there was no evidence that it was done with the consent or approval of the first respondent, nor did it affect the result of the election. Allegations of tribalism and corruption were not substantiated by credible evidence. Non-compliance with election provisions affected only a small number of voters and did not alter the outcome. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.