Tanzania Case Law

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

Court

TZCA

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.

Source excerpt

• Election irregularities
• Burden of proof in election petitions
• Vote recount procedures
• Candidate withdrawal
• Standard of proof in election petitions

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stephen lemomo kiruswa vs onesmo koimerek nangole others 2016 tzhc 2 29 june 2016

Court

TZHC

The court found that while some campaign utterances amounted to ordinary political mudslinging and did not violate section 108(2)(a), there were fundamental irregularities in the tallying process, including chaos instigated by the 1st respondent, exclusion of candidates and agents from the tallying room, irregular posting of results, and use of questionable forms. These irregularities, taken together, went to the root of the election and fundamentally affected the result, warranting nullification of the election.

Source excerpt

• Parliamentary election
• Election irregularities
• Nullification of election
• Electoral code of conduct
• Burden of proof in election petitions

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20160527 TZHC Mwanza

Court

TZHC

The High Court allowed an election appeal, set aside the magistrate’s nullification, and confirmed the Kwimba Street 2014 election results.

• Election irregularities
• Nullification of election
• Voter eligibility
• Burden of proof in election petitions
• Election-irregularities
• Election-petitions

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20120524 TZHC Dar es Salaam

Court

TZHC

Election petition over Ubungo Constituency dismissed after the High Court found no proven irregularities affecting the result.

• Election irregularities
• Burden of proof in election petitions
• Defamation in election campaigns
• Use of unauthorized equipment in elections
• Procedural compliance in election results
• Election-petitions

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musa hamisi mkanga and 2 others vs godbless jonathan lema and another 2012 tzhc 64 5 april 2012

Court

TZHC

Election petition partly succeeded after the High Court found gender-based and defamatory campaign statements proved and voided the MP election.

• Nullification of election
• Locus standi in election petitions
• Gender discrimination in campaigns
• Defamation in election campaigns
• Burden of proof in election petitions
• Election-petitions

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bashiru mohamed bushmbiro said 3others vs republic 2007 tzhc 267 28 december 2007

Court

TZHC

The High Court upheld an election petition in part, finding proved bribery and corrupt practices in Mwibara Constituency and declaring the election void.

• Corrupt practices in elections
• Bribery
• Nomination irregularities
• Violence in elections
• Electoral procedure
• Burden of proof in election petitions

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19980611 TZHC Dar es Salaam

Court

TZHC

Election petition over Kigoma Urban results dismissed after the court found the proved irregularities and campaign remarks did not justify nullifying the election.

• Election irregularities
• Defamation in election campaigns
• Burden of proof in election petitions
• Nullification of election results
• Electoral process fairness
• Election-petitions

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peter msekalile vs leonard newe delefa 1997 tzca 49 13 october 1997

Court

TZCA

The appellant failed to discharge the burden of proof beyond reasonable doubt regarding treating, intimidation, and defamation. The acts complained of were either not sufficiently established or, even if established, did not substantially affect the election result or constitute a legal basis for nullification. The trial judge's findings were justified and supported by the evidence.

Source excerpt

• Election petitions
• Bribery and treating
• Intimidatory campaign statements
• Defamation in elections
• Burden of proof in election petitions

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