Mtwa Johnston Mwaikambo vs District Court of Kyela and Others (Misc. Civil Application No. 22 of 1998) [1999] TZHC 470 (10 December 1999)

IN THE HIGH COURT OF TANZANIA AT MBEYA MISC. CIVIL APPLICATION NO. 22 OF 1998 N'lWA JOHNS'ION MWAIKAMBO • o. o o· ••••••••• APPLICANT VERSUS

1. DISTRICT COURT OF KYELA DISTRICT)
2. THE CHAIRMAN, MORAVIAN CHURCH ) ) SOU'.IHERN TANZANIA ) RESPONDENTS
3. THE REGISTERED TRUSTEES OF THE ) '"!' .. Res MORAVIAN CIDJRCH IN SOUNTHERN ) TANZANIA ) RULING 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. Mwakilasa (Ady.).has advanoed as reasonsfor not having a revision filed is that the intended revision is supposed 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 ..

2 functions of the District Court which can still be looked into by this same court in a revision under section 44 of the M.C,.A. I accept the learined Mr. Kasikila (Adv:.) prayer that in any revision he would like the applicant to be hea;r:d. I therefore strike out this application for orders of certiorari and in lien thereof I allow the applicamt 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 :r:aised in the revision fort.his court's decision to be made on them. This application is struck out with costs. The time lirnit for opning up the revision shall begin to run from today. • 10.12.99 E. L. !. MWIPOPO JUDGE 10.12.99 Coram: Hon. Mwipopo, <I . .Applicant - Ntwa Johnston Mwaikambo. - present 'in person For Applicant~ Dr. Mwakyembe Advocate - present 1st Respollldent! A.G. - present Mr. Nangela - s.4. - present · 2nd Respondent Kyela District Court Absent in person represented 3rd Respondent by Mr. Nangela - S.A. - present One same Clement Mwaitebele Vice Chairman - present ~ in person 4th Respondent - Chairman of Moravian Church - Vice Chairman - Clement Mwaitebele - present in person ,.:::. ; .•••• /3