Businessman charged with murder Saturday, 11 August 2012 11:25 By Rosina John
The Citizen Correspondent
Dar es Salaam.
A prominent Dar es Salaam businessman, Abubakar Marijanii, alias Papaa Msofe, was yesterday charged with the murder of fellow businessman Onesphory Kituly November last year. Mr Marijani, 50, is alleged to have murdered Kituly, 54, with whom he had been at loggerheads over a parcel of land in a dispute dating back to 2007. The businessman was brought to court around 9.30am under tight security and spent two hours at the Kisutu Resident Magistrate’s Court remand cell before formal charges were read against him.Mr Marijani, who maintained a calm face throughout the court proceedings, was not allowed to enter a plea until the case is transferred to the High Court.
State Attorney Tumaini Kweka told resident magistrate Agnes Mchome that Mr Marijani murdered Mr Kituly at his Magomeni Mapipa home on November 6, last year, in Kinondoni District.Mr Marijani was taken into custody nearly two weeks ago in connection with Kituly’s murder that shocked and left neighbours in fear.
Before the brutal murder, Mr Kituly had sued Mr Marijani and two others for allegedly defrauding him of a Sh600-million house at Mikocheni medium density area.Mr Kituly had told the court that Marijani and other defendants in the property suit had fabricated a sales deed that showed he had sold the Mikocheni house to one of them. Donning blue jeans and checkered shirt, the accused was asked not to enter any plea because the court did not have jurisdiction to try murder cases but conduct preliminary inquiries.
He will remain in custody until the case comes to an end as the offence he was being charged with does not qualify for bail. The case will come for another mention on August 23, this year. The land dispute between the accused and the deceased dates back to 2003 when Mr Kituly was advanced with a Sh30million loan by one of Msoffe’s friends. The loan was to be returned in six months.
As a security for a loan, Kituly mortgaged his Mikocheni house and repaid the loan but the defendant neglected to return the title deed. Facts of the case had it that one of the accused in the case fraudulently sold the house to Mr Marijani through the use of a forged sale agreement and title deed. After Mr Marijani acquired the house from his friend, he sued Mr Kituly in the High Court for, among other things, seeking an order that Mr Kituly vacate the premises and pay for general damages. But in an interesting turn of events, Mr Marijani instructed a court broker to evict Mr Kituly from his home.
A week before his death, the High Court had set a date to start hearing the case in which Mr Kituly had sued Mr Marijani and two others for unlawfully acquiring and evicting him from his house. He had asked the court to order the return of the certificate of title and all other properties worth over
On the fateful day, around 7pm, a lone gunman shot the 54-year-old Kituly more than five times in the chest, stomach and chin outside his home in Magomeni Mapipa, Dar es Salaam. Family members then told The Citizen on Saturday he was gunned down in cold blood in front of his daughter, as he prepared to drive into his compound. He later died from his wounds at Muhimbili National Hospital (MNH). The Citizen on Saturday has since learnt that Msofe is the current occupant of the contested house.