19870807 TZCA Dar es Salaam2

19870807 TZCA Dar es Salaam2

The timing of the donation was due to the convenience of the headmistress and was fortuitous; no improper or corrupt motive was discerned in Mr. Shaba's conduct, and the allegation of bribery was not proved.

Citation
19870807 TZCA Dar es Salaam2
Parties
Appellant: Yona Nguto 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
Outcome
appeal dismissed
Legal Topics
Bribery, Corrupt Practices, Election Petition
Source Language
English
Election Law Civil Procedure Bribery Corrupt Practices Election Petition

Case Brief

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Parties

Yona Nguto Luwongo

Appellant

Austin Kapere Edward Shaba

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the donation of Shs. 2,500/- by Mr. Shaba to Mtwara Girls Secondary School constituted bribery under election law

Ratio Decidendi

The timing of the donation was due to the convenience of the headmistress and was fortuitous; no improper or corrupt motive was discerned in Mr. Shaba's conduct, and the allegation of bribery was not proved.

Court Disposition

appeal dismissed

Orders

  • No order for costs as appeal conducted under legal aid