| The Burden of Proof:
All counsel for the parties in this petition agreed that the burden of proof lies on the Petitioner to prove the allegations made against the Respondents to the satisfaction of the Court. The common position is supported by the provisions of Section 58 (6) of the Presidential Elections Act as interpreted by judicial decisions. Section 58 (6) of the Act provides,
“the election of a candidate as President shall only be annulled on any of the following grounds if proved to the satisfaction of the Court-”
In Mbowe v Eliufoo (1967) EA 240 Georges, CJ in the Tanzanian High Court said at page 241,
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