yona nguto luwongo vs hon austin kapere shaba and another 1987 tzca 28 7 august 1987

yona nguto luwongo vs hon austin kapere shaba and another 1987 tzca 28 7 august 1987

The court found that the timing of the donation was due to the convenience of the headmistress and not motivated by corrupt intent. The evidence did not prove bribery or corrupt practice, and the trial judge's assessment of witness credibility was upheld.

Citation
yona nguto luwongo vs hon austin kapere shaba and another 1987 tzca 28 7 august 1987
Parties
Appellant: Yona Mouto Luwongo; 1st Respondent: Austin Kapere Edward Shaba; 2nd Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 1987
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Bribery in Elections, Election Petitions, Assessment of Evidence
Source Language
English
Election Law Civil Procedure Bribery in Elections Election Petitions Assessment of Evidence

Case Brief

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Parties

Yona Mouto Luwongo

Appellant

Austin Kapere Edward Shaba

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the donation of money by the first respondent to a school constituted bribery under election law
  2. 2 Whether the timing and circumstances of the donation amounted to a corrupt practice

Ratio Decidendi

The court found that the timing of the donation was due to the convenience of the headmistress and not motivated by corrupt intent. The evidence did not prove bribery or corrupt practice, and the trial judge's assessment of witness credibility was upheld.

Court Disposition

appeal dismissed

Orders

  • No order as to costs