TANZIA Jaji John Utamwa afariki Dunia

Erythrocyte

Erythrocyte

JF-Expert Member
Nov 6, 2012
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Hii ndio Taarifa iliyotolewa leo 2/1/2023 na EATV, kwamba Mh Utamwa ambaye alikuwa Jaji wa Mahakama Kuu kanda ya Iringa, amefariki Jijini Dar es Salaam leo tarehe 2 January 2023.

Kwa Wageni wa hapa Jf ama pia kwa wenyeji Wasahaulifu, Jaji Utamwa ndiye aliyeendesha Kesi ya Zitto Kabwe dhidi ya Chadema, ya Kupinga kufutwa uanachama kwa tuhuma za Usaliti akishirikiana na Kitila Mkumbo na Mamluki wengine.

Tunamuomba Mwenyezi Mungu kuipumzisha Roho ya Jaji Utamwa mahali inapostahili, Amina.
 
Erythrocyte said:
Hii ndio Taarifa iliyotolewa leo 2/1/2023 na EATV , kwamba Mh Utamwa ambaye alikuwa Jaji wa Mahakama Kuu kanda ya Iringa , amefariki Jijini Dar es Salaam leo tarehe 2 January 2023 .

Kwa Wageni wa hapa Jf ama pia kwa wenyeji Wasahaulifu , Jaji Utamwa ndiye aliyeendesha Kesi ya Zitto Kabwe dhidi ya Chadema , ya Kupinga kufutwa uanachama kwa tuhuma za Usaliti akishirikiana na Kitila Mkumbo na Mamluki wengine .

Tunamuomba Mwenyezi Mungu kuipumzisha Roho ya Jaji Utamwa mahali inapostahili , Amina .
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Kuna kifungo cha mchawi fulani alikitengua Kule Ludewa

Dunia ni giza
 
Judge Dk. John Harold Kulimba Utamwa ni mmooja wa majaji wa Mahakama Kuu waliosikiliza kesi nyingi., RIP Judge J.H.K Utamwa.

Moja ya kesi tajwa ni :

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM, CIVIL CASE NO. 270 OF 2013

HON. ZITO ZUBERI KABWE (MP)......................APPLICANT

VERSUS.

1. THE BOARD OF TRUSTEES, CHAMA CHA DEMOCRASIANA MAENDELEO................................................1st RESPONDENT

2. THE GENERAL SECRETARY CHAMA CHA DEMOCRASIA NA MAENDELEO......................................................2nd RESPONDENT

REASONS FOR THE ORDER. 02/01/& 03/01/2014. Utamwa, J. On the 2nd January, 2014 I made an order (herein called the order) over ruling the preliminary objection (PO) which had been raised by the two respondents, the Board of Trustees, Chama cha Democrasia naMaendeleo and the General Secretary Chama cha Democrasia naMaendeleo (first and second respondent respectively) against the chamber application filed by the applicant, Hon. Zito Zuberi Kabwe ....

As to the third-point of law, Mr. Lisu learned counsel for the respondents essentially argued that, this court, does not have jurisdiction to entertain this matter being a matter related to a disciplinary proceedings conducted by a political party against its member, unless there was an allegation of breach of natural justice in the process, which is not the case according to the affidavit.

He argued further that, the applicant in his affidavit admits that there is an appellate process and he is pursuing the same. He cannot thus do so and come to court at the same time.

He also argued that political parties are voluntary groups for parties to join or to pull out as per article 20 (1) of the Constitution.

He equated political parties to religious institutions and submitted that courts of this land have held that they do not have jurisdiction to entertain religious disputes, he cited the cases of Amani Mwenegoha,Secretary General E.L.C.T v. The Registered Trustees of theLutheran Church in Tanzania and 3 others, High Court Misc.Civil Cause No. 8 of 2005, at Dar es salaam (unreported) and Simon Maregesi and 2 others v. Fr. Wojciech Koscielniak andanother, High Court Civil Revision No. 7 of 2005, at Mwanza(unreported) to fortify his fight.

He said, the legal principle should apply mutatis mutandis to political bodies like CHADEMA. Mr. Msando essentially replied that this is not a point of PO in law because it requires evidence to prove whether principles .....

natural justice have been complied with in the process of disciplinary proceedings. He differentiated religious bodies from political parties.

In his rejoinder Mr. Lisu reiterated his submissions in chief.The issue here is whether or not this is a pure point of law for*a PO. As rightly contended by Mr. Lisu learned counsel, a point of PO must be a pure point of law. The court in considering whether the raised concern is a actually a point of PO in law must consider the pleadings or the affidavit in the matter at hand, he argued. However, it is also the law that a point of PO must be a point which will not attract parties to give evidence in its proof as rightly submitted by Mr. Msando. This is a trite stance of the law, see Mukisa Biscuit Manufacturing Company Ltd. v. W est End DistributorsLtd. (1969) EA 696 and the recent CAT’s ruling in Karata Ernest andothers v. Attorney General, TCA Civil Revision, No.10 o f 2010,at Dar es salaam (unreported).

In the matter at hand however, there is a serious dispute between the parties in respect of the fact that principles of natural justice are being observed by the respondents in the process of the said disciplinary proceedings against the applicant.

Under paragraph 18 of the affidavit for example, the applicant complains that the failure by the second respondent to furnish him with a copy of the proceedings and reasons for the decision of the Central Committee has denied him ......

an opportunity to appeal to the Governing Council. He also states that the second respondent’s failure to prepare a report to be submitted to the Governing Council within 14 days from the decision of the Central Committee has denied him an opportunity to be heard by the Governing Council. This disputed fact needs evidential proof. The point raised by Mr. Lisu learned counsel for the respondents cannot thus be considered as a point of PO properly so called in law. For these reasons I answered the issue posed above negatively.__"5

These are the reasons that moved me to discard all the three points of the PO, expunge paragraphs 25 and 27 of the affidavit and consequently overrule the PO in its entirety

Signed

JHK. UTAMWA. JUDGE
02/01/2014.
Source :

Hon. Zito Zuberi Kabwe (MP) vs The Board of Trustees, Chama cha Demokrasia na Maendeleo and Another (Civil Case 270 of 2013) [2014] 3 (01 January 2014); | Tanzlii

tanzlii.org tanzlii.org

THE CITIZEN - The case dated back to 2013

Kigoma MP Zitto Kabwe (CHADEMA) has rarely been out of the news during the last few months.

In early March, the High Court in Dar es Salaam ruled in favour of CHADEMA, in a long-running dispute between Kabwe and the party. The judge also ordered Zitto to pay CHADEMA’s costs.

The case dated back to 2013, when Kabwe brought a case against the CHADEMA Board of Trustees and its Secretary General Willbroad Slaa, which asked the Court to bar CHADEMA’s Central Committee from deliberating on or determining his membership of the party until his appeal was determined by the governing council of the party.

As the verdict was announced Kabwe, in his capacity as Chairman of the National Assembly’s Public Accounts Committee, said “As you can see, I am still in a full position as an MP and am still the Chairman of the Committee”. The MP seemed concerned by the court ruling to strip him of CHADEMA membership but he termed it a surprise, saying he was used to such challenges in building his political career. He said that his politics were based on issues and not on people.

CHADEMA’s founder and former Finance Minister Edwin Mtei said he welcomed the final settling of Kabwe’s long running stand-off over his membership of the party. He had admired him because he was aggressive but later realised he was too ambitious and no longer interested in CHADEMA’s collective strength. Mtei dismissed fears that CHADEMA could suffer as a consequence although he had admitted that Kabwe still enjoyed a popular following.

CHADEMA lawyer Tundu Lissu told reporters that the party was preparing a bill of costs for the Registrar of the judiciary to ensure that Kabwe paid all the costs incurred during the case at the High Court. Lissu added that Kabwe was one of Tanzania’s most powerful politicians on matters of national interest and was dedicated and hardworking. However, he was also an undisciplined figure who had made it his mission to stop the increasing popularity of CHADEMA.

Kabwe then resigned from CHADEMA and from parliament, and joined the newly created party ‘Alliance for Change and Transparency’ (ACT)). He became leader of this party and thus obtained a platform in time for the next election, even though many people feel that Tanzania already has too many parties – over 20. It is not clear how much damage he has done to the prospects of CHADEMA, but it could be considerable
 
bagamoyo said:
Judge Dk. John Harold Kulimba Utamwa ni mmooja wa majaji wa Mahakama Kuu waliosikiliza kesi nyingi., RIP Judge J.H.K Utamwa.

Moja ya kesi tajwa ni :

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM, CIVIL CASE NO. 270 OF 2013

HON. ZITO ZUBERI KABWE (MP)......................APPLICANT

VERSUS.

1. THE BOARD OF TRUSTEES, CHAMA CHA DEMOCRASIANA MAENDELEO................................................1st RESPONDENT

2. THE GENERAL SECRETARY CHAMA CHA DEMOCRASIA NA MAENDELEO......................................................2nd RESPONDENT

REASONS FOR THE ORDER. 02/01/& 03/01/2014. Utamwa, J. On the 2nd January, 2014 I made an order (herein called the order) over ruling the preliminary objection (PO) which had been raised by the two respondents, the Board of Trustees, Chama cha Democrasia naMaendeleo and the General Secretary Chama cha Democrasia naMaendeleo (first and second respondent respectively) against the chamber application filed by the applicant, Hon. Zito Zuberi Kabwe ....

As to the third-point of law, Mr. Lisu learned counsel for the respondents essentially argued that, this court, does not have jurisdiction to entertain this matter being a matter related to a disciplinary proceedings conducted by a political party against its member, unless there was an allegation of breach of natural justice in the process, which is not the case according to the affidavit. He argued further that, the applicant in his affidavit admits that there is an appellate process and he is pursuing the same. He cannot thus do so and come to court at the same time. He also argued that political parties are voluntary groups for parties to join or to pull out as per article 20 (1) of the Constitution. He equated political parties to religious institutions and submitted that courts of this land have held that they do not have jurisdiction to entertain religious disputes, he cited the cases of Amani Mwenegoha,Secretary General E.L.C.T v. The Registered Trustees of theLutheran Church in Tanzania and 3 others, High Court Misc.Civil Cause No. 8 of 2005, at Dar es salaam (unreported) and Simon Maregesi and 2 others v. Fr. Wojciech Koscielniak andanother, High Court Civil Revision No. 7 of 2005, at Mwanza(unreported) to fortify his fight. He said, the legal principle should apply mutatis mutandis to political bodies like CHADEMA.Mr. Msando essentially replied that this is not a point of PO in law because it requires evidence to prove whether principles .....

natural justice have been complied with in the process of disciplinary proceedings. He differentiated religious bodies from political parties. In his rejoinder Mr. Lisu reiterated his submissions in chief.The issue here is whether or not this is a pure point of law for*a PO. As rightly contended by Mr. Lisu learned counsel, a point of PO must be a pure point of law. The court in considering whether the raised concern is a actually a point of PO in law must consider the pleadings or the affidavit in the matter at hand, he argued. However, it is also the law that a point of PO must be a point which will not attract parties to give evidence in its proof as rightly submitted by Mr. Msando. This is a trite stance of the law, see Mukisa Biscuit Manufacturing Company Ltd. v. W est End DistributorsLtd. (1969) EA 696 and the recent CAT’s ruling in Karata Ernest andothers v. Attorney General, TCA Civil Revision, No.10 o f 2010,at Dar es salaam (unreported). In the matter at hand however, there is a serious dispute between the parties in respect of the fact that principles of natural justice are being observed by the respondents in the process of the said disciplinary proceedings against the applicant. Under paragraph 18 of the affidavit for example, the applicant complains that the failure by the second respondent to furnish him with a copy of the proceedings and reasons for the decision of the Central Committee has denied him ......

an opportunity to appeal to the Governing Council. He also states that the second respondent’s failure to prepare a report to be submitted to the Governing Council within 14 days from the decision of the Central Committee has denied him an opportunity to be heard by the Governing Council. This disputed fact needs evidential proof. The point raised by Mr. Lisu learned counsel for the respondents cannot thus be considered as a point of PO properly so called in law. For these reasons I answered the issue posed above negatively.__"5

These are the reasons that moved me to discard all the three points of the PO, expunge paragraphs 25 and 27 of the affidavit and consequently overrule the PO in its entirety

Signed

JHK. UTAMWA. JUDGE
02/01/2014.
Source :

Hon. Zito Zuberi Kabwe (MP) vs The Board of Trustees, Chama cha Demokrasia na Maendeleo and Another (Civil Case 270 of 2013) [2014] 3 (01 January 2014); | Tanzlii

tanzlii.org tanzlii.org

THE CITIZEN - The case dated back to 2013

Kigoma MP Zitto Kabwe (CHADEMA) has rarely been out of the news during the last few months.

In early March, the High Court in Dar es Salaam ruled in favour of CHADEMA, in a long-running dispute between Kabwe and the party. The judge also ordered Zitto to pay CHADEMA’s costs.

The case dated back to 2013, when Kabwe brought a case against the CHADEMA Board of Trustees and its Secretary General Willbroad Slaa, which asked the Court to bar CHADEMA’s Central Committee from deliberating on or determining his membership of the party until his appeal was determined by the governing council of the party.

As the verdict was announced Kabwe, in his capacity as Chairman of the National Assembly’s Public Accounts Committee, said “As you can see, I am still in a full position as an MP and am still the Chairman of the Committee”. The MP seemed concerned by the court ruling to strip him of CHADEMA membership but he termed it a surprise, saying he was used to such challenges in building his political career. He said that his politics were based on issues and not on people.

CHADEMA’s founder and former Finance Minister Edwin Mtei said he welcomed the final settling of Kabwe’s long running stand-off over his membership of the party. He had admired him because he was aggressive but later realised he was too ambitious and no longer interested in CHADEMA’s collective strength. Mtei dismissed fears that CHADEMA could suffer as a consequence although he had admitted that Kabwe still enjoyed a popular following.

CHADEMA lawyer Tundu Lissu told reporters that the party was preparing a bill of costs for the Registrar of the judiciary to ensure that Kabwe paid all the costs incurred during the case at the High Court. Lissu added that Kabwe was one of Tanzania’s most powerful politicians on matters of national interest and was dedicated and hardworking. However, he was also an undisciplined figure who had made it his mission to stop the increasing popularity of CHADEMA.

Kabwe then resigned from CHADEMA and from parliament, and joined the newly created party ‘Alliance for Change and Transparency’ (ACT)). He became leader of this party and thus obtained a platform in time for the next election, even though many people feel that Tanzania already has too many parties – over 20. It is not clear how much damage he has done to the prospects of CHADEMA, but it could be considerable
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Unajaza Savers za jf bure tu,sasa kulikua na haja gani kuleta hii kesi yote hapa?
 
kyagata said:
Unajaza Savers za jf bure tu,sasa kulikua na haja gani kuleta hii kesi yote hapa?
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Tupitie utendaji wa marehemu jaji JHK Utamwa na kuenzi hekima zake katika maamuzi ya kutoa haki .

Ni muhimu katika biografia za waliotangulia mbele ya haki kuweka baadhi ya kazi walizofanya katika uhai wao.

Pia ni wakati wa kutafakari na kujifunza toka kwa waenda zake .

Utamaduni, mazoea na kawaida ya kutupia RIP meseji fupi fupi huku tukijaza server kuwa Mungu / Allah ailaze roho ya marehemu mahali pema peponi n.k haitoshi.

Tutumie nafasi hii mitandaoni pia kipindi hiki kutafakari, kupongeza na kuhifadhi historia za kazi au utumishi alioufanya marehemu kama somo.

Tuone wenzetu : https://www.nytimes.com/2022/03/23/us/madeleine-albright-dead.html
 
Erythrocyte said:
Hii ndio Taarifa iliyotolewa leo 2/1/2023 na EATV, kwamba Mh Utamwa ambaye alikuwa Jaji wa Mahakama Kuu kanda ya Iringa, amefariki Jijini Dar es Salaam leo tarehe 2 January 2023.

Kwa Wageni wa hapa Jf ama pia kwa wenyeji Wasahaulifu, Jaji Utamwa ndiye aliyeendesha Kesi ya Zitto Kabwe dhidi ya Chadema, ya Kupinga kufutwa uanachama kwa tuhuma za Usaliti akishirikiana na Kitila Mkumbo na Mamluki wengine.

Tunamuomba Mwenyezi Mungu kuipumzisha Roho ya Jaji Utamwa mahali inapostahili, Amina.
Click to expand...
Tunamuomba Mwenyezi Mungu kuipumzisha Roho ya Jaji Utamwa mahali inapostahili, Amina.
giphy.gif
 
Erythrocyte said:
Hii ndio Taarifa iliyotolewa leo 2/1/2023 na EATV, kwamba Mh Utamwa ambaye alikuwa Jaji wa Mahakama Kuu kanda ya Iringa, amefariki Jijini Dar es Salaam leo tarehe 2 January 2023.

Kwa Wageni wa hapa Jf ama pia kwa wenyeji Wasahaulifu, Jaji Utamwa ndiye aliyeendesha Kesi ya Zitto Kabwe dhidi ya Chadema, ya Kupinga kufutwa uanachama kwa tuhuma za Usaliti akishirikiana na Kitila Mkumbo na Mamluki wengine.

Tunamuomba Mwenyezi Mungu kuipumzisha Roho ya Jaji Utamwa mahali inapostahili, Amina.
Click to expand...
Buriani
 
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