sylvester k masinde vs pius c msekwa and the attorney general 1998 tzca 15 12 may 1998

sylvester k masinde vs pius c msekwa and the attorney general 1998 tzca 15 12 may 1998

The appellant failed to prove to the required legal standard that the first respondent's conduct at religious functions, alleged corrupt practices, or procedural irregularities in ballot paper supply and polling station notifications affected the election result or deprived an ascertainable number of voters of their rights. The evidence did not establish illegal campaigning or corrupt intent, and the margin of victory was not shown to be affected by the alleged non-compliances.

Citation
sylvester k masinde vs pius c msekwa and the attorney general 1998 tzca 15 12 may 1998
Parties
Appellant: Sylvester K. Masinde; First Respondent: Pius C. Msekwa; Second Respondent: The Hon Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 May 1998
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Election Petitions, Parliamentary Elections, Corrupt Practices, Campaign Regulations, Constitutional Interpretation
Source Language
English
Election Law Constitutional Law Administrative Law Election Petitions Parliamentary Elections Corrupt Practices Campaign Regulations Constitutional Interpretation

Case Brief

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Parties

Sylvester K. Masinde

Appellant

Pius C. Msekwa

First Respondent

The Hon Attorney General

Second Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the conduct of the first respondent at religious functions constituted illegal campaigning under the Elections Act, 1985
  2. 2 Whether the first respondent's representation as Member of Parliament during the campaign period was lawful
  3. 3 Whether failures in ballot paper supply, polling station notification, and posting of specimen ballot papers affected the election result

Ratio Decidendi

The appellant failed to prove to the required legal standard that the first respondent's conduct at religious functions, alleged corrupt practices, or procedural irregularities in ballot paper supply and polling station notifications affected the election result or deprived an ascertainable number of voters of their rights. The evidence did not establish illegal campaigning or corrupt intent, and the margin of victory was not shown to be affected by the alleged non-compliances.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs.