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The Court of Appeal upheld dismissal of an election petition over Bunda Urban Constituency, finding the appellants failed to prove material irregularities.
The petitioner failed to prove, to the required standard, that the alleged irregularities and non-compliances substantially affected the election results. The exclusion of a candidate was not in accordance with the law, but no evidence was adduced to show this affected the outcome. The petitioner did not produce material evidence to support his claims regarding missing forms and vote totals. The request for recounting was improperly handled by the first respondent, but this alone did not warrant nullification of the results.
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The High Court dismissed an election appeal and upheld nullification of the Mateves Ward councillor election after finding illegal campaign on polling day.
Election petition appeal allowed after the Court of Appeal found corrupt practices were not proved beyond reasonable doubt.
The Court of Appeal of Tanzania allowed an election appeal and voided the Kibaha parliamentary election for tribal campaigning under section 108(2)(a).
Illegal campaigns are acts of non-compliance under section 108(3)(c) of the Elections Act, 1985, not illegal practices. Such non-compliance must affect the result of the election to void it. In this case, the number of voters involved in illegal campaigns was insufficient to affect the outcome, given Mramba's substantial majority. The trial judge erred in law regarding the standard and burden of proof. The appeal is allowed, and Mramba's election is confirmed.
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