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THI Yaibwaga NSSF Mahakamani

Discussion in 'Jukwaa la Siasa' started by Mzee Mwanakijiji, Aug 15, 2008.

  1. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

    #1
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    FAUSTINE KAPAMA
    Daily News; Friday,August 15, 2008 @20:03

    THE Court of Appeal yesterday set aside an order by the High Court’s Land Division seeking to evict the Tanzania Heart Institute (THI) from the premises owned by the National Social Security Fund (NSSF).

    Justice Damian Lubuva, Harold Nsekela and Engela Kileo ruled that the order given by Judge Stella Longway on July 31, this year, was tainted with several irregularities. They acted suo moto (own motion) to reach such a decision after rejecting the application. The NSSF was represented by Advocate Jerome Msemwa.

    In his objection, Mr Msemwa had told the court that the application for revision lodged by the THI was incompetent as the order to be revised was interrogatory and could not be challenged.

    The justices held that the eviction order issued by the High Court was interrogatory as it did not determine the rights of parties in the main suit – which involved a dispute over rent arrears.

    However, the Justices invoked revisional powers conferred upon them by law and examined the records of the lower court and found that the eviction order was erroneously issued.

    They noted after perusing court records that eviction was not sought in the reliefs by the NSSF in the main suit, and that pleadings of the case were not completed before the order was issued.

    The Justices, therefore, ruled that the eviction order was baselessly issued as the main suit was still pending and the court failed to comply with procedure before giving such decision.

    According to the justices, the eviction order surfaced after the court dismissed the application by the THI involving waiver of eviction notice that was previously issued by NSSF.

    “This is highly irregular,” they said. Following the court’s decision, the THI would remain in the premises, the then Tazara Hotel, until final determination of the main suit.

    The Justices ordered that the hearing of the main case under which the NSSF is demanding over 2bn/- in rental fees and renovation costs of the premises should continue from where it ended on September 11, last year.

    On that day, the court gave a ruling, dismissing an application for injunction sought by the THI, restraining the NSSF to evict the institution from the premises situated at Kinondoni in the city.


    My Take:
    My original position has not changed. Kitendo cha NSSF na Waziri Kapuya kutishia kuwahamisha wagonjwa kwa nguvu kilikuwa ni kitendo cha ufisadi mkubwa na matumizi mabaya ya madaraka.
     
    Last edited by a moderator: Aug 17, 2008
  2. Balantanda

    Balantanda JF-Expert Member

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    Haki imetendeka na Mungu kasikia kilio cha wagonjwa waliotaka kuondolewa kwa nguvu
     
  3. Dua

    Dua JF-Expert Member

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    Tulisema tangu mwanzo ni lazima sheria zifuatwe sio kwa shinikizo la baadhi ya makuwadi wa MAFISADI. NSSF inatakiwa kuwa mstari wa mbele kuona kwamba wao wenyewe wanafuata sheria. Je, wale ma-lawyer wanaowalipa pesa nyingi pale NSSF hawakuliona hili? Je, ni pesa ngapi ya wachangiaji zinafujwa kwa njia za kijinga kama hizi?

    NSSF hawakuwa na sababu ya kukurupuka bila kufuata sheria, wasichukue njia za mkato.
     
  4. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

    #4
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    The next phase is coming, we ngoja tu...
     
  5. Yo Yo

    Yo Yo JF-Expert Member

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    Hii safi...
     
  6. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Thats whats up...
     
  7. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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    NN... ngoja tukigeuze kibano.. keep watching..
     
  8. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    I can't wait....maana haters walikuwa na nyodo sana...
     
  9. Nyama Hatari

    Nyama Hatari JF-Expert Member

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    Sorry, but the particular observation you've offered above appears to have played no part whatsoever in the considerations as to why the High Court ruled in favor of THI (at least as far as the contents of article are concerned). The decision is more likely based on a subtle technicality of application of law that has virtually nothing to do with the essence of the main case NSSF has brought against THI; much less so the kind of fake reasoning you are trying to suggest here. Once again, Mr. self-appointed JF Guru, I'm afraid your vain attempts to offer "expert opinion" in some crucial matter of public interest comes across as pretentious and appears to fail miserably.
     
  10. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Hey Mods fungia huyu Mnyama Hatari aka Punjabu Ngabu.....
     
  11. Mzee Mwanakijiji

    Mzee Mwanakijiji Platinum Member

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    Walitangaza ushindi mapema, na kutuma na ambulances kwenda kuwaondoa wagonjwa; wakamsumbua Dr. Masau hadi Polisi na vikao vya Mkuu wa Mkoa ili waondoke kimya kimya. Walitegemea THI ifyate na kwa kweli ilielekea hivyo hadi siku ile ya Ijumaa... ningekuwa mimi wewe ungejiuliza what happened to THI siku ile.

    No sir, I don't claim anything, just like I don't claim anything on the fall of Lowassa, or Daraja, or Msabaha, .. no sir, I don't claim anything. I'm just observing reality, reality which some people refuse to see. I love it when I'm on the side of truth and justice.
     
  12. Field Marshall ES

    Field Marshall ES JF-Expert Member

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    It is about time, sasa wakamuacha huyu Dakitari aendelee na kazi yake ya kusaidia taifa, kwenye hili hapo juu tupo ukurasa mmoja.
     
  13. C

    Chuma JF-Expert Member

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    Nyani umekuwa kinara sasa wa kuwashauri Mods wawafungie watu?...kisa watu kutofautiana na wengine?...sasa wewe unatofauti gani na mafisadi wanaotumia Tools kuwashambulia waandishi wanaotoa siri zao...

    O Go ahead....
     
  14. m

    mgirima Member

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    Kama serikali iliweza kui-guarantee SUKITA (shirika la chama) zaidi ya Shs. bilioni 10, kwa shughuli au faida ambayo haieleweki, inashindwaje kuidhamini THI Shs. bilioni mbili ili kuokoa maisha ya watanzania!
     
  15. BongoTz

    BongoTz JF-Expert Member

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    First of all, I'd have to admit that I have no much details about this whole THI/NSSF thing coz I haven't been paying too much attention to this issue.

    But having said that, if it's true that THI is in default of agreement, then I think they should as well be evicted for not paying 2bn/- in rental fees and renovation costs.

    By the way, is THI offering free service for its patients or what? If the answer is not, then why are they expecting free-luch?
     
  16. t

    think BIG JF-Expert Member

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    BongoTz,

    umeshawahi kujiuliza, hivi serikali ya Tanzania inakusanya kodi? If the answer is YES, then why wanashindwa kulipa mishahara ya wafanyakazi wake mpaka kufikia kuitwa malimbikizo (bilioni 200)!



    .
     
  17. K

    Katibu Tarafa JF-Expert Member

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    kodi inayokusanywa ni kwa ajili ya wao viongozi na chama cha mapinduzi,lakini si kwa manufaa ya wananchi.
     
  18. G

    Ghwakukajha Senior Member

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    Truths are ETERNAL.
     
  19. Masanilo

    Masanilo JF-Expert Member

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    Pia shirika la reli (TRL) muwekezaji wa kihindi alipewa 4 billion liliposhidwa toa huduma na kulipia wafanyakazi mishahara yao...hii serikali ni ngumu kuielewa nadhani walio madarakani hutumia spinal cord to think rather than brain

    Ushi..
     
  20. Masanilo

    Masanilo JF-Expert Member

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    Hahahaha Katibu tarafa unapandishwa cheo na kuwa katibu Wilaya....
     
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