Hawa Ng’humbi versus AG and 2 Others; Misc Civil Cause No 107 of 2010: High Court of Tanzania at Dar es Salaam (Unreported).
- Civil Procedure
- Pleadings – whether an issue not raised in the pleadings can be resolved.
- Election Petitions
- Non –compliance with the provisions of the Act-whether sufficient to nullify the results.
- Standard of proof – Standard of proof required for avoidance election results.
- Evidence
- Credibility of witnesses – witness has interest to serve –whether credible.
Held:-
(i) A rule against departure from pleadings has it that an issue which is not raised in the pleadings cannot be resolved by the Court. The rule avoids parties to be taken by surprise.
(ii) Where the issue of non compliance with provisions of the Act is raised, such non compliance must be shown to have reference to the results of the election. The Petitioner must satisfy the Court beyond reasonable doubt that the Respondents committed serious errors, irregularities and non-compliance which amounted to non – compliance within the provisions of the Act and it affected the election results which the returning officer used to declare the final results under section 81 of the Act.
(iii) It is now settled that the law relating to the standard of proof required for an election result is proof beyond reasonable doubt. Any other measure below that will not suffice.
(iv) Where a witness has some interest to serve, his evidence should be treated cautiously.