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Mpendazoe files notice of appeal against ruling

Discussion in 'Jukwaa la Siasa' started by nngu007, May 6, 2012.

  1. nngu007

    nngu007 JF-Expert Member

    #1
    May 6, 2012
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    Sun, May 6th, 2012
    Tanzania | Sun, May 6th, 2012
    un, May 6th, 2012




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    Fred Mpendazoe

    Lawyers representing Fred Mpendazoe have submitted a notice of appeal to the High Court. The appeal comes two days after Mpendazoe of Chadema's petition was dismissed with costs due to lack of concrete evidence.



    The notice was submitted by Mpendazoe's counsellor, Peter Kibatala, on Friday afternoon. On Wednesday, the Presiding Judge Prof Ibrahim Juma, ruled in favour of the defence citing that the majority of the petitioner's claims could not be proven and based on hearsay.

    In the petition, Mpendazoe contested results of the October 2010, Parliamentary Election for Segerea Constituency in
    Dar es Salaam. He raised 11 grounds and invited the court to declare the election null and void. Running for the seat on Chadema ticket, Mpendazoe lost to Dr Mahanga of CCM, who garnered 43,554 votes, while he managed 39,150 votes.


    Issues raised in the petition include improper tallying of ballot papers, prohibited practices and foul play such as that of the defendant being found in possession of ballot boxes. Judge Juma said most of the testimonies by 16 witnesses, brought by the petitioner including the alleged arrest of Dr Mahanga by security officers after he was found in possession of ballot boxes, were based on hearsay and rumours.


    After the judgment, Advocate Peter Kibatala, for Mpendazoe, told reporters that he intended to appeal after consultations with his client. "I am not satisfied with the judgment. The judge was biased," he said, arguing that the judge ignored some important issues raised in the petition.


    By JULIUS BWAHAMA, Tanzania Daily News


     
  2. nngu007

    nngu007 JF-Expert Member

    #2
    May 6, 2012
    Joined: Aug 2, 2010
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    I heard Mpendazoe had a lot of evidence but still he lost the case, his loss did hurt a lot of law abiding people and his supporters.

    So, I think it is good for him to appeal the ruling to the higher court of Justice.
     
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