SAID HEMED SAID V. EMMANUEL KARISA MAITHA & HOTHAM NYONGE

JUDGMENT OF SHAH, J.A.

On 18th March, 1999 the superior court (Hayanga, J.) allowed the appellant's application for scrutiny and recount of votes cast at the Parliamentary election held in the Kisauni Constituency on 29th December, 1997. The appellant was the unsuccessful candidate whilst the first respondent was declared to be the successful candidate at the said election by the Returning Officer, Mr. Hotham Nyange, who is the second respondent before this Court. The appellant is Said Hemed Said whilst the first respondent is Emmanual Karisa Maitha.The said election was held under the provisions of the National Assembly and Presidential Elections Act (Cap 7) (the Act) to elect a person to the seat in the National Assembly for the said Constituency.

The appellant, according to the declared result, obtained 9,540 votes whereas the first respondent garnered 10,074 votes, a difference of 534 votes in favour of the first respoTnhdee ntr.e-count and scrutiny was carried out by the parties in…