Daniel Nsanzugwanko versus Attorney General and Another; Civil Appeal No 106 of 2012: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Civil Procedure
- Judgment – what are the contents of Judgment?
- Election Petition
- Defamation - Defamatory words against a candidate- reference of complaint to the Electoral Code of conduct important
- Standard of proof – what is the standard of proof in election petition?
Held:-
(i) A judgment has to contain points for determination; the decision thereon and the reasons.
(ii) A candidate who is a signatory to the Electoral Code of conduct is bound by the code to report complaints. Failure to refer the complaint to the Electoral Code of conduct does not bar a candidate from filing a petition but his failure to refer his claims to the Electoral Code of conduct waters down his case.
(ii) The standard of proof in election petition is proof beyond reasonable doubt.