FAUSTINE KAPAMA Daily News; Friday,August 15, 2008 @20:03 THE Court of Appeal yesterday set aside an order by the High Courts 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 courts 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.