abasi mtemvu vs the returning officer for temeke constituency others 2016 tzca 874 21 september 2016

abasi mtemvu vs the returning officer for temeke constituency others 2016 tzca 874 21 september 2016

The petitioner failed to prove, to the required standard, that the alleged irregularities and non-compliances substantially affected the election results. The exclusion of a candidate was not in accordance with the law, but no evidence was adduced to show this affected the outcome. The petitioner did not produce material evidence to support his claims regarding missing forms and vote totals. The request for recounting was improperly handled by the first respondent, but this alone did not warrant nullification of the results.

Citation
abasi mtemvu vs the returning officer for temeke constituency others 2016 tzca 874 21 september 2016
Parties
Petitioner: Abas Zuberi Mtemvu; 1st Respondent: The Returning Officer for Temeke Constituency; 2nd Respondent: The Attorney General; 3rd Respondent: Abdallah Alli Mtolea
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 September 2016
Procedural Posture
Election Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Election Irregularities, Burden of Proof in Election Petitions, Vote Recount Procedures, Candidate Withdrawal, Standard of Proof in Election Petitions
Source Language
English
Election Law Administrative Law Election Irregularities Burden of Proof in Election Petitions Vote Recount Procedures Candidate Withdrawal Standard of Proof in Election Petitions

Case Brief

Summary, issues, holding and outcome

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Parties

Abas Zuberi Mtemvu

Petitioner

The Returning Officer for Temeke Constituency

1st Respondent

The Attorney General

2nd Respondent

Abdallah Alli Mtolea

3rd Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether Mr. Mwakyembe Bernard Mathew was unilaterally excluded from the contest
  2. 2 Whether the petitioner properly requested for vote recounting
  3. 3 Whether the request for recounting was properly dealt with by the first respondent

Ratio Decidendi

The petitioner failed to prove, to the required standard, that the alleged irregularities and non-compliances substantially affected the election results. The exclusion of a candidate was not in accordance with the law, but no evidence was adduced to show this affected the outcome. The petitioner did not produce material evidence to support his claims regarding missing forms and vote totals. The request for recounting was improperly handled by the first respondent, but this alone did not warrant nullification of the results.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed for want of sufficient evidence
  • No costs awarded to first and second respondents