19820525 TZCA Dar es Salaam2

19820525 TZCA Dar es Salaam2

The first respondent conducted an illegal campaign at Parani Secondary School and committed corrupt practices by promising sports equipment to voters, which constituted a corrupt practice under section 123(3)(d) of the Elections Act. The evidence was admissible despite the failed amendment application, and the acts of misconduct affected the result of the election, warranting annulment.

Citation
19820525 TZCA Dar es Salaam2
Parties
Appellant: William Bakari; Appellant: Otheniel Ahia; Respondent: Chobediel Yohane Mgonja; Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 May 1982
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed; election declared void
Legal Topics
Corrupt Practices, Illegal Campaigning, Candidate Definition, Public Officer Misconduct, Election Annulment
Source Language
English
Election Law Administrative Law Constitutional Law Corrupt Practices Illegal Campaigning Candidate Definition Public Officer Misconduct Election Annulment

Case Brief

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Parties

William Bakari

Appellant

Otheniel Ahia

Appellant

Chobediel Yohane Mgonja

Respondent

The Hon. Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the first respondent conducted illegal and corrupt practices during the election campaign
  2. 2 Whether public officers campaigned for the first respondent using government transport
  3. 3 Whether the acts of misconduct affected the result of the election

Ratio Decidendi

The first respondent conducted an illegal campaign at Parani Secondary School and committed corrupt practices by promising sports equipment to voters, which constituted a corrupt practice under section 123(3)(d) of the Elections Act. The evidence was admissible despite the failed amendment application, and the acts of misconduct affected the result of the election, warranting annulment.

Court Disposition

appeal allowed; election declared void

Orders

  • Judgment and decree of the High Court set aside
  • Election declared void