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The OSG e-Library is a comprehensive digital platform dedicated to the collection, preservation, and dissemination of critical legal information. It serves as an essential resource for legal research in civil litigation, equipping users with timely and relevant legal updates through the Current Awareness Service (CAS). Additionally, it enriches the legal repository with a wide range of e-publications, including constitutions, statutes, and other pivotal legal documents, ensuring seamless access to authoritative legal resources.
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JETHA EDWIN ATHMAN v. MOHAMED SAID SINANI AND 2 OTHERS, MISC. CIVIL PETITION APPLICATION NO. 01 OF 2006
(HIGH COURT OF TANZANIA, 2025-12-24) M.S. SHANGALI, J.
The Applicant Jeth Edwin Athman filed the Election petition before this court seeking for nullification of the election result for Mtwara urban Constituency in the general Election held in 2005, in which the 1st Respondent was declared the winner. His ground supporting his petition was that the said election was tinted with illegal and corruption practices.
THE ATTORNEY GENERAL & RETURNING OFFICER OF IGUNGA CONSTITUENCY & ANOTHER v. JOSEPH MWANDU KASHINDYE, CIVIL APPEAL NO.18 AND 8 OF 2013
(THE COURT OF APPEAL OF TANZANIA, 2025-12-24) Kimaro, J.A; Mandia, J.A; Kaijage, J.A
In this Appeal, the second Appellant and the Respondent were among the contestants in the elections. The 2nd Appellant was sponsored by CCM and the Respondent by CHADEMA. The 2nd Respondent won the election. As a result of the score in votes, the Returning Officer for the Igunga Constituency declared the Second Appellant the winner of the by-election, hence a member of Parliament for the constituency. Respondent was aggrieved by the result and also by the way the campaign was conducted.
CHIRIKO HARUNI DAVID v. KANGI ALPHAXARD LUGORA AND 2 OTHERS, CIVIL APPEAL NO. 36 OF 2012
(THE COURT OF APPEAL OF TANZANIA, 2025-12-24) Msoffe, J.A.; Kileo. J.A; Kimaro, J.A; Massati, J.A
The appellant, Chiriko Haruni David, filed an election petition at the High Court challenging the parliamentary election results for Mwibara Constituency. In the course of the proceedings, a legal issue arose regarding Section 111 of the National Elections Act [Cap 343 R.E. 2010]—specifically, whether it is mandatory for every petitioner to file an application for determination of security for costs, or whether such application applies only to indigent petitioners.
MANJU SALUM MSAMBYA v. THE ATTORNEY GENERAL AND ANOTHER, CIVIL APPEAL NO. 2 OF 2002
(THE COURT OF APPEAL OF TANZANIA, 2025-12-24) LUBUVA. J.A; LUGAKINGIRA. J.A; MROSO. J.A
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.
ABAS ZUBERI MTEMVU v. THE RETURNING OFFICER FOR TEMEKE CONSTITUTENCY AND OTHERS, MISC CIVIL CAUSE NO. 2 of 2016
(HIGH COURT OF TANZANIA, 2025-12-24) MAIGE J
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.
ABDALLAH M. MAKONGORO & OTHERS v. THE ATTORNEY GENERAL, CIVIL APPEAL NO. 08 of 1996
(THE COURT OF APPEAL OF TANZANIA, 2025-12-23) Mfalila, J.A.; Lubuva, J.A; Samatta, J.A
The appellants, all registered voters in the Arusha Parliamentary Constituency, were aggrieved by the declaration of Charles Makongoro Nyerere (NCCR-Mageuzi) as the winning candidate in the 1995 General Elections, defeating Felix Mrema (CCM). They filed an election petition in the High Court, alleging numerous irregularities and noncompliance with the Elections Act, 1985, including discrepancies in Forms RF.2, omission of results from seven polling stations in Ngarenaro Ward, unsealed ballot boxes, and unexplained differences in the number of voters between parliamentary and presidential tallies. The High Court (Mroso, J.) acknowledged “many errors and significant discrepancies” but held that these did not materially affect the result. Dissatisfied, the appellants appealed to the Court of Appeal.
MAGAMBO J. MASATO & 3 OTHERS v. ESTER AMOS BULAYA & 2 OTHERS, CIVIL APPEAL NO. 49 OF 2016
(THE COURT OF APPEAL OF TANZANIA, 2025-12-23) Rutakangwa, JA; Mussa, JA; Juma, JA
Four registered voters in Bunda Urban Constituency (one also a candidate) petitioned in the High Court to avoid the MP’s election. The respondents raised preliminary objections that the petitioners lacked locus standi because they hadn’t pleaded how their individual voting rights were violated. The High Court (Gwae, J.) struck out the petition, relying on Lema v Mkanga to hold that voters must show personal infringement.
JOSEPH LAURENT HAYMU &2 OTHERS v. ATTORNEY GENERAL AND DR. WILBROAD PETER SLAA, Miscellaneous Civil Cause No. 20 of 2005
(HIGH COURT OF TANZANIA, 2025-12-23) R.V. MAKARAMBA J
This was an election petition filed by Joseph Laurent Haymu, Emmanuel Denis Bura, and Thomas Lulu Irafay, all registered voters in the Karatu Constituency, challenging the results of the 2005 Parliamentary election in which Dr. Wilbroad Peter Slaa of CHADEMA was declared the winner. The petitioners alleged that the election was marred by irregularities and non-compliance with the Elections Act [Cap. 343 R.E. 2002] and directives of the National Electoral Commission (NEC).