Court bans disco at Masaki bar
THE High Court in Dar es Salaam yesterday banned playing loud music at Bar One, in Masaki area, owned by Mr Kinjekitile Ngombale-Mwiru, son of cabinet minister Kingunge Ngombale-Mwiru.
Judge Amir Mruma gave the temporary restraint order pending determination of a main suit filed by Mark and Associates Attorneys on behalf of 11 residents of the area. The case will be mentioned on March 27, 2008.
However, the judge allowed Mr Kinjekitile to continue selling an assortment of drinks at his bar. The aggrieved parties include Mrs Loyce Nyalali, the widow of the first Tanzania Chief Justice after independence, the late Francis Nyalali. Others are Grace Kahama, Aurora Gaglioti, Geir Sundet, Reason Chitonya, C. Blomley, Avan Breda, Maria Beghi, Roshan Meghjec, Eddy Hoekman and N. Katisikides.
In the affidavit, Mrs Kahama said that before Ngombale-Mwiru junior had started operating the business in the designed residential area, they lived in clean, quiet, decent and peaceful neighbourhood.
However, she stated, the neighbourhood has suddenly been filled with noise, rendered inhabitable and much less fit for residential purposes when he started running his business of bar, which also runs music shows and discotheque.
According to her, the loud music and noises caused by the discotheque was a nuisance to the residents and deprived them of quiet and peaceful enjoyment of their premises.
Mrs Kahama further claimed that customers at the bar always threw around empty beer bottles, soft drinks cans, food foils, used and unused condoms, thus, turning the area into a garbage depository site and hence filthy and noxious.
In his counter affidavit, Kinjekitile strongly disputed the allegations, arguing that he had been conducting the business indoors. The issues of throwing empty cans and bottles, food foils and condoms in the area could not arise since the business is conducted indoor, he said in his counter affidavit.
In the main suit, the residents are asking the court to declare illegal the business and that Kinjekitile should be permanently prohibited from carrying on with the business of discotheque and bar at the premises.
THE High Court in Dar es Salaam yesterday banned playing loud music at Bar One, in Masaki area, owned by Mr Kinjekitile Ngombale-Mwiru, son of cabinet minister Kingunge Ngombale-Mwiru.
Judge Amir Mruma gave the temporary restraint order pending determination of a main suit filed by Mark and Associates Attorneys on behalf of 11 residents of the area. The case will be mentioned on March 27, 2008.
However, the judge allowed Mr Kinjekitile to continue selling an assortment of drinks at his bar. The aggrieved parties include Mrs Loyce Nyalali, the widow of the first Tanzania Chief Justice after independence, the late Francis Nyalali. Others are Grace Kahama, Aurora Gaglioti, Geir Sundet, Reason Chitonya, C. Blomley, Avan Breda, Maria Beghi, Roshan Meghjec, Eddy Hoekman and N. Katisikides.
In the affidavit, Mrs Kahama said that before Ngombale-Mwiru junior had started operating the business in the designed residential area, they lived in clean, quiet, decent and peaceful neighbourhood.
However, she stated, the neighbourhood has suddenly been filled with noise, rendered inhabitable and much less fit for residential purposes when he started running his business of bar, which also runs music shows and discotheque.
According to her, the loud music and noises caused by the discotheque was a nuisance to the residents and deprived them of quiet and peaceful enjoyment of their premises.
Mrs Kahama further claimed that customers at the bar always threw around empty beer bottles, soft drinks cans, food foils, used and unused condoms, thus, turning the area into a garbage depository site and hence filthy and noxious.
In his counter affidavit, Kinjekitile strongly disputed the allegations, arguing that he had been conducting the business indoors. The issues of throwing empty cans and bottles, food foils and condoms in the area could not arise since the business is conducted indoor, he said in his counter affidavit.
In the main suit, the residents are asking the court to declare illegal the business and that Kinjekitile should be permanently prohibited from carrying on with the business of discotheque and bar at the premises.