ABAS ZUBERI MTEMVU v. THE RETURNING OFFICER FOR TEMEKE CONSTITUTENCY AND OTHERS, MISC CIVIL CAUSE NO. 2 of 2016

Abstract

The petitioner, Abas Zuberi Mtemvu, contested for a Member of Parliament for Temeke Constituency during the October 2015 General Elections. There were eight other contestants, including Abdallah Alli Mtolea, the third respondent. The results were declared on 27th October 2015 by the first respondent. The third respondent was declared the duly elected Member of Parliament, having polled 103,231 votes out of 222,465 valid votes. He was closely followed by the petitioner who. scored. 97,557 votes. The margin between them, as the results show, was 5,674. Being aggrieved by those results, the petitioner challenged the validity of the election on account that it was tainted with irregularities and non-compliances. He invited the Court to avoid the results of the election.