NTWA Johnson Mwaikambo vs District Court of Kyela District and 2 Others (Misc. Civil Application No. 22 of 1998) [2000] TZHC 286 (19 June 2000)

IN THE HIGH COURT OF TANZANIA AT MBEYA MISC. CIVIL APPLICATION NO. 22 OF 1998 NIWA JOHNSTON MWAIKANBO .............. APPLICANT vSUS

1. DISICT COURT OF KYELA DISThICT) THE CHAIRMAN, MORAVIAN CHURCH SOUN TANZANIA ) RESPONDENTS THE REGISTERED ITUSTEES OF THE

• Pes MORAVIAN CHURCH IN SOUNTHERN ) TANZANIA ) R U L I N G MWIPOPO J. The applicant Ntwa Johnston Mwaikambo have applied through their advocates Dr. Mwakyembe Advocates assisted by Mr. Kasikila (Adv.) for orders of certiorari against the District Court of Kyela which disallowed the applicants suit to be adjudicated by the same applicant as plaintiff against the 2nd and 3rd Respondents namely the Chairman of the Moravian Church Southern Tanzania and the Registered Trustees of the same church. Later • on the Attorney General was added into the application. The learned Mr. Nangela (S.A.) advocate for the 1st respondent the District Court of Kyela District and the Attorney General himself and the learned Mr. Mwakilasa (Adv.) for the rest of the 2 respondents the Moravian Church of Southern Tanzania has opposed this certiorari as well as the intended revision as suggested by this court. What the learned Mr. Nangela (S.A) and Mr. Mwakilsa (Mv,) has advaned as reasorE for not having a revision filed is that the intended revision is supjosed to deliberate upon and make a decision thereof. This court has already made a ruling of 12/12/98 giving reasons why an application for certiorari is still premature for the application for certiorari is to be directed at the judicial ..../2

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• 2 - functions of the District Court which can still be looked into by this same court in a revision under section 1+4 of the M.C.A. I accept the learned Mr. Kasikila (Mv..) prayer that in any revision he would like the applicant to be heard. I therefore strike out this application for orders of certiorari and in lien thereof I allow the applicaint to file a revision formally for the other parties to be able-to respond accordingly before hearing the legal issues brought up by the respondents can be raised in the revision for this court's decision to be made on them. This application is struck out with costs. The time halt for opening up the revision shall begin to run froiri today. El. L. K. MrrPc)to JUDGE 10.12.99 10.12.99 Coram: Hon. Mwipopo, J. Applicant - Ntwa Johnston Mwaikarnbo - present in person For Applicant Dr. Mwakyembe Advocate - present 1st Respondent: A.G.— present M.Nangela - S.A.. - present 2nd Respondent Kyela District Court - Absent in person represented by Mr. Nangela - S.A. - present 3rd Respondent - One same Clement Mwaitebele Vice Chairman - present in person 4th Respondent - Chairman of Moravian Church - Vice Chairman. - Clement Mwai.tebele - present in person . . . ./3.

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• • 3-. For 3rd and kthRespondénts - Mr. Mwakilasa Advocate - Absent with leave of court, B/C. Mrs. Kasubiri Court: Ruling delivered in presence of both parties. E. L. K. Mi'IIPOPO JUDGE 10/12/1999 Certified true copy of the origina1 S. A. N. WANBURA PRM (E.J.) 19/6/2000