MANJU SALUM MSAMBYA v. THE ATTORNEY GENERAL AND ANOTHER, CIVIL APPEAL NO. 2 OF 2002

Abstract

Manju Salum Msambya contested and lost on a Chama Cha Mapinduzi (CCM) ticket in the Kigoma South Constituency. His opponents were the second respondent, Kifu Gulamhussein Kifu of NCCR-Mageuzi, who was the successful candidate, and Mustapha Wambali of Chadema, who was a distant third. The appellant was dissatisfied with the results of the election and petitioned the High Court to avoid the same. He cited the Attorney General as the first respondent in compliance with the law. The petition was based on a single ground, namely, that during the election campaign, the second respondent and/or his agents made statements with the intent to exploit tribal differences in relation to the petitioner. At the conclusion of the trial, the High Court held that the petitioner had failed to establish his case and dismissed the petition with costs.