20020618 TZCA Dar es Salaam
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 petitions
- Burden of proof
- Judicial notice
- Assessment of witness credibility
- Corroboration in evidence
- Nullification of election results