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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.
The Court of Appeal allowed election appeals, set aside nullification of an MP election, and upheld objections on procedural grounds only in part.
The trial judge fundamentally misdirected himself in law and fact by engaging in conjecture, taking improper judicial notice, applying double standards to witness credibility, and erroneously requiring corroboration. The evidence established to the required standard that the second respondent and his agent made speeches exploiting tribal differences in relation to the petitioner. Under s. 108(2)(a) of the Elections Act, a single such speech is sufficient to nullify the election, regardless of its effect on the result.
Source excerpt
Election petition over Kigoma Urban results dismissed after the court found the proved irregularities and campaign remarks did not justify nullifying the election.
Court of Appeal upheld the election result, finding no basis to keep the successful candidate joined and no material irregularity proved to justify nullification.
The Court of Appeal of Tanzania nullified the Ilala parliamentary election after finding protected election rules were breached and the result was affected.
The Court of Appeal of Tanzania upheld nullification of an election after finding a corrupt practice: delivery of hoes to voters to influence support.
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