Tujikumbushe kesi yao ya awali namba 16 OF 2022 kupinga kufukuzwa uanachama ambayo wabunge 19 wa 'CHADEMA' walishindwa mbele ya Mahakama Kuu ya Tanzania
22 June 2022:
IN THE HIGH COURT OF TANZANIA(MAIN REGISTRY)AT DAR ES SALAAM MISCELLANEOUS CAUSE NO. 16 OF 2022 HALIMA JAMES MDEE.............................................1st APPLICANT
GRACE VICTOR TENDEGA.......................................2nd APPLICANT
ESTHER NICHOLAUS MATIKO.................................3rd
APPLICANT
ESTER AMOS BULAYA.............................................4th APPLICANT
AGNESTA LAMBERT KAIZA.....................................5™ APPLICANT
ANATROPIA THEONEST..........................................6th APPLICANT
ASYA MWADINI MOHAMED....................................7™ APPLICANT
CECILIA DANIEL PARESSO.....................................8™ APPLICANT
CONCHESTA LEONCE RWAMLAZA...........................9th APPLICANT
FELISTER DEOGRATIUS NJAU..............................10th APPLICANT
HAWA S. MWAIFUNGA.........................................11th APPLICANT
JESCA DAVID KISHOA..........................................12™ APPLICANT
KUNTI YUSUPH MAJALA.......................................13™ APPLICANT
NAGHENJWA LIVINGSTONE KABOYOKA................14™ APPLICANT
NUSRAT SHAABAN HANJE....................................15™ APPLICANT
SALOME MAKAMBA..............................................16™ APPLICANT
SOPHIA HEBRON MWAKAGENDA..........................17™ APPLICANT
STELLA SIMON FIYAO..........................................18™ APPLICANT
TUNZA ISSA MALAPO...........................................19™
APPLICANT
VERSUS
THE BOARD OF TRUSTEES OF CHAMA CHADEMOKRASIA NA MAENDELEO (CHADEMA)...........1ST
RESPONDENT
THE NATIONAL ELECTION COMMISSION ...........2nd
RESPONDENT
THE ATTORNEY GENERAL.................................3rd RESPONDENT
RULING
13 & 22 June 2022
MGETTA, J
:On 12th May, 2022, this application for leave to apply for judicial review was brought by way of chamber summons supported by affidavits and accompanied with applicants' joint statement. The application is brought against the Board of Trustees of Chama cha Demokrasia na Maendeleo (hereinafter referred interchangeably by its acronym as CHADEMA and or as the 1st respondent); the National Election Commission (hereinafter referred interchangeably by its acronym as NEC and or as the 2nd respondent); and, the Attorney General (the 3rd respondent).
If leave is granted, the applicants intend to apply for prerogative orders of Certiorari and Mandamus against the whole process and decision passed on 11th May, 2022 by 1st respondent's General Council for allegedly expelling them from membership of CHADEMA.In reply, CHADEMA appeared through its advocates equipped with a set of seven preliminary objections challenging the application that was brought by the applicants. Thus, in this ruling, I have endeavored to determine them. For the sake of clarity, I would like to reproduce the seven preliminary objections as hereunder:
1. That the Application is time barred. It emanates from 1st Respondent's Central Committee's decision passed on 27/11/2020 which is more than 6 months, vide: Rule 6 of theLaw Reforms (Fatal Accidents and Miscellaneousprovisions) (Judicial Review Procedure and Fees) Rulesof 2014 (henceforth 2014 Rules).2. That this Court lacks jurisdiction in terms of Article 74 (12) ofthe Constitution of the United Republic of Tanzania as amended from time to time (henceforth the Constitution) to investigate NEC.3. That there is no valid Statement to support the application in terms of Rule 5 (2) (a) of 2014 Rules.4. That the affidavits are fatally defective for the following reasons
🙁i) The verifications are defective as their contents thereof are not based wholly on belief contrary to Order XIX Rule 3 of the Civil Procedure Code,Cap 33 (henceforth Cap.33)
(ii) The affidavits are signed by applicants' Advocates; thereby defeating the requirement that they be deposed and signed by deponents only.5. That this Court lacks jurisdiction to hear this application against the 1st respondent because it is not a Public Body or Authority amenable to judicial review.6. That the application is frivolous, vexatious and an abuse of court process.7. That, the applicants have sued a nonexistent party namely "The Board of Trustees of Chama cha Demokrasia na Maendeleo (CHADEMA), instead of the statutory Registered Trustees of Chama Cha Demokrasia na Maendeleo (CHADEMA).
When the application was called on for hearing of the raised preliminary objections, six learned advocates namely Mr. Aliko Mwamanenge, Edson Kilatu, Panya Ipilinga, Ferdinand Makole, Emanuel Ukashu and Matinde Waisaku appeared for all applicants; while, three learned advocates namely Peter Kibatala, Jeremia Mtobesya and Dickson Matata, appeared and represented the 1st respondent; and, the 2nd and 3rd respondents enjoyed a legal service of the Solicitor General, Mr. Gabriel ...READ MORE : Source :
Halima James Mdee & Others vs Board of Trustee of Chama cha Demokrasia na Maendeleo (CHADEMA) & Others (Misc. Cause 16 of 2022) [2022] TZHC 10206 (22 June 2022); | Tanzlii