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Tanzania decisions
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The Court of Appeal allowed election appeals, set aside nullification of an MP election, and upheld objections on procedural grounds only in part.
The evidence did not prove beyond reasonable doubt that the appellant personally, or through his knowledge, consent, or approval, engaged in corrupt practices; the High Court erred in annulling the election results.
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The Court of Appeal of Tanzania allowed an election appeal and voided the Kibaha parliamentary election for tribal campaigning under section 108(2)(a).
The Court of Appeal partly allowed the appeal, setting aside the corrupt-practices certificate but upholding the rest of the High Court's decision on defamation and tribalism.
Election petition challenging the Bukoba Rural parliamentary result was allowed after findings of corrupt practices, defamatory campaign statements, and tribalism.
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.
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Election petition dismissed after the court found proof of corrupt practice, but no basis to void the result because the irregularities did not affect the outcome.
The 'takrima' provisions are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1) and (2) of the Constitution. Legal persons have locus standi. The impugned provisions are null and void and should be struck out.
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Election appeal dismissed after the court found no proved illegal campaign or corrupt practice, and held that 60 disenfranchised voters did not affect the result.
The Court of Appeal dismissed an election appeal alleging bribery, finding no corrupt motive in a school donation and upholding the trial judge's evidence assessment.
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